Dáil debates

Tuesday, 27 February 2007

8:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

Domestic violence is an important issue that I have encountered closely. The long-term effect it can have on a victim can last a lifetime. Apart from the physical injury and intimidation, it can limit a woman's confidence, making it difficult for her to emerge from it in subsequent times. This debate is timely. I recall at the start of the Twenty-Ninth Dáil, emergency legislation on domestic violence was introduced on foot of a court's judgment on the original Domestic Violence Act. The debate surrounding the legislation was worthwhile and I was pleased the Government could deal with the matter speedily.

A cross-departmental approach is important in tackling domestic violence. I have had many representations from organisations, particularly Women's Aid with which I was involved on a charity basis before being elected. Their concerns not only relate to resources but to a cross-departmental approach. They have highlighted how the Department of Justice, Equality and Law Reform and other Departments are involved in the provision of emergency refuges for women who are victims of domestic violence. The Department of Social and Family Affairs is responsible for interim payments. There is also an issue surrounding awareness of rights, available supports and protections.

Gaining access to the legal system can be an intimidating process for some. It can be doubly so when one has been the victim of a crime that goes to the core of what we believe. The family is the bedrock of one's existence. It is the family in which we have the most confidence and rely on in a time of a crisis. If the crisis has emerged from that source, one can be shaken to one's core. The last thing a victim can deal with it is an archaic and difficult legal system and a courts service that lacks transparency. It is important that domestic violence victims know where to access their rights, the applications, such as ex parte, they can make and their various levels from safety orders to barring orders. A large degree of legislation already exists in the Domestic Violence (Amendment) Act and criminal justice legislation providing protection to the victim.

The Constitution gives the family based on marriage precedence, and rightly so. However, there are different types of family arrangements of which we have so much experience. Many children are born to families not based on marriage. The protection of a cohabitee from domestic violence is as important. However, a delicate balance is taken by the courts in those situations. If a couple is recently living together, the courts are inclined to take a lesser view of the relationship and the protections that could be afforded in those circumstances.

A stigma is associated with reporting domestic violence incidents. On a weekly basis, we hear calls in the House for education for children in transition year on driver safety, first aid and so forth. However, it would very much be worthwhile if we dealt with this issue among young people and highlighted the fact that they need not accept such approaches, intimidation, or even the very lowest level of violence perpetrated in certain families. I have seen on many occasions what happens when young people have that confidence.

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