Dáil debates

Wednesday, 13 June 2012

11:00 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

I thank the Deputy for her query. Given that this country is in a programme, detailed analysis of its performance is required on a regular basis. So that we can continue to receive funding, various changes must be made, some of which are very serious and many of which require legislation. That is why the House will continue to sit as late as necessary before it rises for the summer recess to deal with a raft of legislation which is required under the troika arrangements for the country to function. That does not in any way detract from the necessity of dealing with other important legislation, including the domestic violence legislation. I responded to Deputy Adams on this last week. There is a clear commitment in the programme for Government to introduce consolidated and reformed domestic violence legislation to deal with all aspects of domestic violence - the Deputy mentioned sexual, physical and emotional abuse. I cannot give a date on which it will be produced, but work is proceeding. Given the need for consultation and the sensitivity of the issue, as well as the requirement to dispose of other legislation, it has not been possible to publish a Bill before now.

In advance of those wider reforms, reforms have already been introduced to domestic violence legislation by means of the Civil Law (Miscellaneous Provisions) Act 2011, which, as the Deputy is aware, removed the minimum required period of cohabitation before one member of a cohabiting couple may apply for a safety order - previously, the applicant was required to have resided with the respondent for at least six of the previous 12 months - and gave equal access to the protections of the Domestic Violence Act 1996 to same and opposite-sex couples. The relevant provision previously referred only to couples living together as husband and wife. The 2011 Act also widened the scope of section 2 of the 1996 Act, which specifies who may apply for a safety order, to enable a person to obtain a safety order against a person with whom he or she has a child in common. This is the only exception to the general rule that the protections available under the Domestic Violence Act are for the benefit of persons who have lived together in the same household. The work to which I have referred is proceeding, and changes were made in the Civil Law (Miscellaneous Provisions) Act 2011.

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