Arthur Morgan (Louth, Sinn Fein)

The Government's case for its amendment was particularly weak. The amendment and the speeches from the Government side of the House do nothing more than note, welcome and commend measures that clearly fall far short of what is needed. The Government offers no concrete commitments, other than the possible prospect of an office within the Department of Justice, Equality and Law Reform. I welcome, however, the Minister of State's announcement last night of his intention to establish a new office to deal with domestic violence. I hope this is not merely another election promise that will not be delivered.

Why must the Government wait for a Sinn Féin motion on domestic violence before announcing the possibility of a new co-ordinating mechanism? I question what meaningful effect it could have, in the absence of the other reforms and resources called for by us.

I welcome the support of the rest of the Opposition for our motion. It seems the Government parties are refusing to stand with all other parties in this House to tackle the grave issue of domestic violence which is an ongoing nightmare for so many on this island. I would like to respond comprehensively to many deficiencies in the Government's explanation and its stubborn refusal to support Sinn Féin's motion. However, given the time available to me I will address just a few. In his contribution this evening the Minister of State, Deputy Brian Lenihan, told us "The Garda has necessary powers of arrest without warrant to deal with cases of domestic violence". That is really newsworthy — what a revelation. His contribution was a rehash of what the Minister of State, Deputy Fahey, told us last night when he outlined the provisions of the Domestic Violence Acts without acknowledging any of the agreed shortcomings of these Acts. The Government is in denial. In refusing to support our call to address the limits imposed by residency requirements in those Acts he cited "legal difficulties" as his excuse. This recommendation has not come from us or from Women's Aid alone. It is a recommendation that was made by the Law Reform Commission which comprises some of the country's leading legal experts.

He stated the Department and its agencies make the protection of barring orders available to women who experience violence, but he made no effort to mention or explain the huge variance in the granting of these protection orders, from 28% in the Dublin region to 70% in the northern region. The Government is in denial. He cited the existence of the Garda Síochána's domestic violence policy — as did we in our motion — and the various lectures they receive on the issue. However, he failed to explain or even acknowledge the variation in Garda practice that exists in reality. I agree with the Minister of State that the reasons for not reporting are complex. However, the reasons he cited centre exclusively on the subjective view of victims of their own situation. He does not acknowledge that poor Garda practice and judicial response also influence rates of reporting. The Government is in denial of its responsibilities. The Minister of State should live up to his responsibility and acknowledge it.

People often ask why the victims of domestic violence do not just leave — as if it were that simple. A great number of factors contribute to women staying in abusive relationships, some of which have been identified by our motion. Not least of these is the international finding that a woman is 70% more likely to be raped, severely assaulted or murdered after she accesses the legal system and attempts to leave her abuser. It is essential that all factors, once identified, be rectified. Earlier this evening I heard a Government backbencher refer to this statistic. However, unfortunately it did not move him enough to commit to vote constructively on the issue as, I am sure we will find in ten minutes' time.

Research shows that domestic violence is a cross-class, issue. It does not occur more in one socio-economic group than it does in another. However, disadvantaged groups and women in poverty face increased barriers because they may have fewer options in terms of having a place to which they can escape after they leave the abusive relationship. Very often leaving an abuser can result in severe poverty and disadvantage. Likewise economic bullying and control of finances can go hand-in-hand with domestic violence and victims who may appear affluent may still face serious financial barriers to leaving. We all know of such cases.

One of the greatest barriers to victims — by which I mean women and men — of domestic violence preventing them from freeing themselves from their current situation is the shortage of accommodation places. We are in a housing crisis and have been for years. However, even with the national obsession of debating that crisis, discussing house prices and giving air time to economists offering their take on whether interest rates will rise, the specific accommodation and housing needs of vulnerable groups, and particularly victims of domestic violence, do not feature. The needs of these victims, just like the crimes against them, are banished to secrecy, behind closed doors.

In a recent submission to the Joint Committee on Justice, Equality, Defence and Women's Rights, a representative of Women's Aid highlighted the shortage of refuge accommodation, saying "Whether there are services available depends on the part of the country in which one lives". Is that not a sad reality? Calling for an increase in the amount of transitional and emergency spaces, a representative of One Stop Shop, Cork elaborated further, saying there is a decided lack of second-stage housing and refuge spaces, making private rented accommodation the only available option. That group also noted the unsuitability of this situation, given that rent allowance ceilings have not kept pace with inflation, thus making "homelessness a stark possibility". Local authorities have responsibility for provision of housing for households unable to provide accommodation from their own resources, with only negligible support from the Department of the Environment, Heritage and Local Government. People have a right to housing and that includes victims of domestic violence.

A statistic given earlier in more than one contribution is worth repeating because of the sheer scale of the problem. It is estimated that one in every five women will experience domestic violence at one time or another. There are 18 women's refuges in the State across 16 counties. Their total capacity is 454 beds, which will cater for just 111 women and 353 children at any one time. There is a drastic shortage of refuge accommodation for women who have been forced to leave the home due to domestic violence. In 2001, some 1,104 women were refused accommodation in the three women's refuges in the eastern region alone. Very often those refused are forced to stay in emergency accommodation.

Studies carried out on behalf of the Homeless Agency have concluded that the use of bed and breakfasts and the increasing length of time that victims live in them is unacceptable. Living in a bed and breakfast means living in overcrowded and grossly inadequate accommodation. I am sure the Minister of State, like the rest of us in the House, has dealt with such cases. I recently dealt with the case of a mother with three children living in a bed and breakfast. She needed to leave it every morning at 9 a.m. and walk the streets of a major town in my constituency. She could not return to that accommodation until 5 p.m. In the depths of winter that woman and her three children were on the streets exposed to all the elements. She had little or no comfort. The Government and its predecessor have left people in such situations for ten years.

Sonas Housing Agency has highlighted the serious shortage of refuge space for women and children where they could access safety, and avail of the expert support and advocacy provided by front-line specialist services on violence against women. Being forced to live in unsafe and unsuitable accommodation results in an increased risk of threats and intimidation from ex-partners and husbands. Returning to the primary home often results in further risk and threats. Homeless hostels and bed and breakfasts are not equipped to respond to the risk and trauma that women and children have experienced.

Sinn Féin believes it is imperative for the Government to provide supported social housing to women and men subjected to domestic violence who have left crisis accommodation and have ongoing support needs, as well as a need for safe, secure accommodation. If victims are to survive — it is that serious — the Government must take steps to meet the emergency, transitional and long-term housing needs of victims and their families. Failure to do so is unjustifiable and unacceptable. Victims of domestic violence really need our support to ensure provision of essential services.

I acknowledge the welcome for the Sinn Féin motion that was demonstrated not only by the Opposition, but also by a number of Government backbenchers. We will see in a few moments what way those positive-speaking backbench Government Deputies will vote.

I thank all those who contributed to the debate and especially those who made constructive points and supported the Sinn Féin motion. I urge all those on the Government backbenches who spoke favourably on our motion to show conviction by having the courage to support the motion. In the case of hospital services in Roscommon we recently saw the influence Government backbenchers can have when they stamp their feet and wag their fingers. I hope the Government backbench Deputies will show the same backbone and courage for the people referred to in our motion and will stand by these people who need our support. They need Government action but have been ignored for a long time. I hope the Minister's amendment will be defeated and that the motion will be carried.

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