Olivia Mitchell (Dublin South, Fine Gael)

I welcome the opportunity to speak on this issue. It is a hugely complex and difficult social problem. It is certainly not easy to legislate for domestic violence and almost impossible to predict or prevent it. It is often seen as a single dimensional problem, that is, violence against women but domestic violence can take many forms. There is often violence by women against men, while violence by teenagers against their parents is common. Violence by adults against elderly parents is an emerging problem. Sadly, violence against children regularly occurs.

Violence can take many forms. It is not always physical but can be intimidation or emotional violence. Sexual violence is also very common. As society becomes less cohesive and more mobile, there is a loosening of the controls in place in the past. These include the fear of public opinion, the church and institutions of the State. That fear has lessened its grip. We have created a culture where domestic violence can grow and thrive. Therefore, there is all the more reason to be extremely vigilant.

Households are increasingly being formed not on the basis of marriage but more casual relationships. Where a relationship is casual and perhaps not properly planned, unforeseen violence can erupt, often tragically for those involved. It is a growing problem with no single solution. It is apposite that we should discuss it now, ten years after the passing of the Domestic Violence Act. We can see the flaws and gaps that have emerged in that legislation and where the State, in so far as it can, might plug these gaps and strengthen the law.

It is the prime responsibility of the State to protect its citizens. If the crime takes place in the home, it does not lessen the State's responsibility or reduce the seriousness of the crime. That is particularly the case when vulnerable people, especially children, are at risk. In the past there was a reluctance to deal with violence in the home. If there was not a reluctance, there was certainly a walking on eggshells approach by the Garda. Certainly, there was a sense that the same vigour was not brought to the pursuit of domestic violence cases as to attacks on people in the street. That culture has changed in the Garda but there is a lingering sense in society that these crimes are not as serious as general assault crimes.

The State must be clear about this. The rights of the family are and should be strong but they do not extend a right to family members to beat each other up. That does not show respect for or strengthen families. It diminishes the family unit when we turn a blind eye to what happens, simply because it happens behind the closed doors of the family home. It is the responsibility of the State to convey the message that domestic violence is unacceptable. Victims of domestic violence are often ambivalent about the crimes perpetrated on them. The system must be structured in such a way that when cases are reported, they are acted on promptly and the perpetrators charged and convicted. It is accepted that only a small percentage of cases are reported. When they are, they must be taken seriously.

We have a mobile society and a large immigrant population. The message must be conveyed to immigrants that whatever might have been acceptable in their home countries and whatever their cultures or norms might have been, domestic violence is not acceptable in this society.

We are aware and have seen recent examples that having strong laws that are enforced changes behaviour. It is desperately important that the law in this area is enforced. It can then act as a deterrent. It is better to deter this crime and create a culture in which it is unacceptable than try to deal with it afterwards and pick up the pieces of broken families and bodies.

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