Brian Lenihan Jnr (Dublin West, Fianna Fail)

I thank all Deputies for their contribution to this debate on violence against women. Everyone who spoke made it clear that domestic violence is a horrible crime. The Government fully recognises the vileness of this crime, which can damage victims both physically and emotionally and leave them living in fear. Society is also damaged by this crime because its victims are robbed of their ability to participate fully in their community and to achieve their full potential.

The harm carries down the generations. Research published last year by the children's research centre in Trinity College, Dublin, working with Mayo Women's Support Services, gives a stark picture of children living in violent homes and the damage done to them and to their relationships unless help is sought and given. Several Members observed that children are particularly vulnerable to the consequences of domestic violence.

The Government recognises the harm done and provides protection under the Domestic Violence Acts 1996 and 2002, Child Care Act 1991 and a significant code of Criminal Justice Acts. The courts have full powers under the Child Care Act to make such directions as they see fit as to the care and the custody of the child. The courts may also make a supervision order under the 1991 Act in respect of the parent of the child, pending any investigation. This power of the courts exists under the 1991 Act, regardless of whether proceedings are taken under the Domestic Violence Acts. In proceedings under the Domestic Violence Acts, the court has power of its motion or on the basis of an application to make orders under the Child Care Act.

The Government recognises the seriousness of the problem of domestic violence and has, therefore, substantially increased funding provided to the sector. In the past ten years, funding to front-line services provided through the HSE has more than tripled. I noted the concern expressed about the Women's Aid helpline, which provides an invaluable service to women experiencing violence. While 2007 funding for Women's Aid is still under discussion in the HSE, its interim funding was increased by an additional €69,000 to ensure the helpline can be fully staffed immediately. Funding from the Department of the Environment, Heritage and Local Government to local authorities for accommodation specifically for victims of domestic violence, including refuges and transitional accommodation, has doubled since 2002 to €2.2 million in 2006.

There has been a sevenfold increase in the past five years for the awareness-raising and perpetrator programmes of the Department of Justice, Equality and Law Reform to exceed €2.1 million in 2007. Crucially, the Government made a commitment to continued funding to tackle domestic violence in the national development plan for the period 2007 to 2013.

Law courts throughout the State allow people to have their cases heard in their own locality. Separate family law suites, which include smaller and more informal courtrooms, separate waiting areas and private consultation rooms, are provided or will be provided in courthouses in all major towns to enable family law business to be transacted with the sensitivity it requires, in private and in confidence. There are occasional difficulties in providing these additional facilities in some courthouses due to the constraints imposed because a particular courthouse forms part of the architectural heritage of the State and is listed for preservation as such. As part of the courts building programme, victim and witness rooms are provided either on a dedicated basis or on a day-of-use basis depending on the space available. The room provided is away from the main public areas.

As outlined by the Minister of State, Deputy Fahey, last night, a comprehensive range of criminal justice sanctions is in place to tackle domestic violence. Contravention of any order under the Domestic Violence Acts is an offence and subject to sanctions of a fine or imprisonment or both. The Garda has necessary powers of arrest without warrant to deal with cases of domestic violence.

The role of the Garda in responding to domestic violence was raised by several Deputies. Members of the Garda Síochána are trained to the highest standard in dealing with incidents of domestic violence. All gardaí receive initial training on the investigation of cases of domestic violence. Core programmes on violence at the Garda in-service training schools cover causes and effects of crimes of violence on women and children, domestic violence, forensic evidence in crimes of violence against women and children, interviewing victims of crimes of violence against women and children and all relevant legislation. This training is provided by experienced Garda personnel, assisted by other professionals, such as psychologists, doctors, social workers and experts from the various non-governmental organisations. Garda training addresses issues particular to the investigation of cases of domestic violence, assisted by appropriate professionals and recognised experts.

The Garda has a written policy on domestic violence intervention to direct it. The decision to arrest is not down simply to the stated wishes of the injured person upon arrival at the scene. The policy recognises that the victim is in vulnerable circumstances. Any evidence of fear or harassment is brought to the attention of the court in the event of a bail application. The Garda role is, in a sense, to put officers between the power and dominance of the offender and to seek to break that hold over the victim. This domestic violence policy is an integral part of Garda training and is reinforced continuously. Feedback shows that it is very well regarded nationally and internationally and has made for an improved response. Notwithstanding this improvement, the Garda has been involved in a major review of its features, with a view to modernising and improving them further.

The Garda Síochána domestic violence and sexual assault investigation unit has a national role and it collates all incidents of domestic violence in the State. The Garda is also represented at inspector level on each of the regional planning committees on violence against women.

The Commission for the Support of Victims of Crime, which comes under the aegis of the Department of Justice, Equality and Law Reform, gave funding last year of €304,000 for court accompaniment services to groups providing support to women experiencing domestic violence.

Experience over the past ten years has shown that certain groups in society are not always well-served by the mainstream responses. There is a growing recognition that these groups may have requirements that are not taken into account by existing services. To meet the needs of women who are particularly vulnerable because of their ethnic minority status, the Department of Justice, Equality and Law Reform has provided funding to the Immigrant Council of Ireland to develop a forum on domestic violence for migrant women and to the Women's Health Council to research migrant women's experience of domestic violence and provide principles of good practice to service providers. Funding has also been provided to Women's Aid and groups providing local and regional services to produce leaflets and posters in minority languages to raise awareness of the issue of domestic violence and the services available to women from migrant communities.

Several Deputies have referred to the situation of the National Domestic Violence Intervention Agency. I make it clear that following the receipt of the final report of the completed pilot project at the end of January 2007, further funding for the project on an interim basis was agreed by the Department of Justice, Equality and Law Reform and the NDVIA. The aim of this local pilot project was to develop an integrated response to domestic violence. Analysis of the findings of the project is taking place in the context of a major policy review in the Department to see how such an approach may be progressed on a nationwide basis.

In light of the complexity of the issue and the number of different agencies involved, the Government established the national steering committee on violence against women in 1997 to facilitate a multidisciplinary and co-ordinated response from the State and the voluntary sector. Under the chairmanship of the Minister of State, Deputy Frank Fahey, the committee comprises those Departments and agencies charged with responding to the issue as well as representatives from a wide range of non-governmental organisations working with women who have suffered violence. The Department of Justice, Equality and Law Reform has commissioned a new strategic action plan for the NSC to take account of developments since it was established and the progress that has been made. The NSC is now considering the final draft of the plan together with the recommendations of its own advisory group on the plan.

As a result of this work and consultation, we can look forward to proposals being brought to Government shortly on the establishment of a dedicated office that will ensure the development of a well co-ordinated integrated response from all the Departments and State agencies to violence against women.

Deputy McManus suggested that the vetting unit now based in Thurles is not working in the context of rolling out the vetting plan for those with unsupervised access to children. The decentralisation to Thurles has been a great success to date, with a huge demand to work there, and the phased roll out of vetting to all sectors with unsupervised access to children is now well under way. Historically, the health sector was always covered by the operation of the vetting unit. It was extended to cover education in the autumn of 2006 and is currently being extended to other sectors.

The Government will continue to promote a comprehensive strategic approach to the matter of violence against women and our counter-motion is indicative of that approach. The Government supports strong civil and criminal law measures, dedicated administrative measures, a whole of Government approach and is providing substantial extra funding on all fronts in 2007.

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