Dáil debates

Friday, 21 November 2014

Domestic Violence (Amendment) Bill 2014: Second Stage [Private Members]

 

10:10 am

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

This Bill proposes to amend the Domestic Violence Act 1996, which is the responsibility of the Minister for Justice and Equality. I am contributing to the debate on behalf of the Government because the change the Bill seeks to make relates to social housing entitlements that are set out in housing legislation. The Government opposes the Bill because, as well as targeting the wrong legislation, it does not take account of a recent change in the law relating to the provision of social housing support for separated households, including victims of domestic violence. Contrary to the impression given in the Bill, a household that has left the family home because of marital breakdown or domestic violence and is otherwise qualified for social housing support can access certain forms of social housing support until the future ownership of the family home is determined in a formal separation agreement or divorce settlement.

I recognise the good intentions that underpin the thrust of the Bill, the aim of which is to assist the victims of domestic violence. We will all agree that such violence is a scourge that causes great pain and distress in families. I welcome this opportunity to outline the arrangements that are in place to address the housing needs of victims of domestic violence. This issue continues to be a blight on our society. It causes untold misery for significant numbers of families. Everyone in this House will agree that violence against women is totally unacceptable at any level in society. Indeed, we all have an obligation to support women and men who are victims of all forms of violence, including rape, inside or outside the home. We should express that support not only in our words and what we say, but also in our actions. I refer to how we respond to victims when they cry for help.

Victims of domestic violence who cannot remain in the family home and do not have access to alternative accommodation, or the means to provide such accommodation from their own resources, generally present at local women's refuges. These refuges offer extensive services to victims of domestic violence, including support in securing barring orders and protection orders to allow the victims to return to the family home.

Victims of domestic violence who seek emergency accommodation from a housing authority are generally placed in temporary accommodation which the council arranges or is operated by a voluntary service provider.

Where victims of domestic violence are unable to return to the family home in the medium term and need continued State support to meet their housing needs, housing authorities are encouraged to work with all service providers to ensure a social housing assessment is conducted in a timely manner and that victims do not end up residing in emergency accommodation for long periods of time. The assessment involves a range of considerations, including whether the means of the victim and any dependant come within the income limits for the area concerned, a review of the suitability of the household's current accommodation and whether alternative accommodation is available to the household that would meet its housing needs. In this connection, section 20 of the Housing (Miscellaneous Provisions) Act 2009 reflects the general principle that the State should not be expected to provide long-term subsidised housing for households that own alternative accommodation that could meet their housing needs. There are, of course, exceptions to the general rule and the social housing assessment regulations made in 2011 under section 20 of the 2009 Act set down a series of situations where the alternative accommodation condition does not apply. One is a case where the alternative accommodation is occupied by a former partner or spouse, from whom a household member is formally separated or divorced. The rationale for this exception is that the terms of a formal separation or divorce will provide for the future ownership and occupation of the family home and it will be clear whether the separated household can return to live in the family home or needs social housing support in the longer term.

These enactments deal adequately with most cases, but we acknowledge situations arose that were not easily dealt with under the 2009 Act and regulations. It can take some time for households to regularise their affairs in the aftermath of a difficult separation or domestic violence issue, but they need to move from emergency to more secure accommodation in the meantime. In recognition of this, the Housing (Miscellaneous Provisions) Act 2014 amended section 20 of the 2009 Act in the case of households qualified for social housing support, except for owning the family home which they have left because of marriage breakdown or domestic violence. The amendment enables councils to support such households under the rental accommodation scheme or the new housing assistance payments scheme until the issue of ownership of the family home is resolved in a formal separation or divorce settlement. Thus, households will be able to move to more suitable accommodation and have time to sort out their affairs. I inform the Deputy and the House that this new arrangement has been in operation since mid-September this year.

Under the 2014 Act amendment, the provision of support in the circumstances I have outlined will be reviewed by the housing authority at prescribed intervals. The household will not be able to transfer to other forms of social housing support while ownership of the family home remains to be determined, but, where the household ultimately qualifies for the full range of supports, the length of time for which the household was supported under the new arrangement will be reckonable for the purposes of determining its relative priority for a transfer.

Access to social housing for victims of domestic violence is the sole issue addressed in this Private Members' Bill. However, housing is only one element of the State's response to the difficult issue of domestic violence and the Deputy has mentioned many issues in this respect. The Government's overall approach to domestic violence is set out in the national strategy on domestic, sexual and gender-based biolence 2010-14. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, works to ensure the delivery of a co-ordinated response across government to issues of domestic, sexual and gender-based violence. I understand the national strategy is under review and that consultation is taking place on a new strategy which is expected to be in place in 2015 and will reflect the up-to-date position on accessing social housing support. Action 10 of the 2010 national strategy identified the need for policy guidance for local authorities to ensure effectiveness and consistency in housing responses to issues of domestic violence. Specifically, it sought to develop policy guidance for local authorities on their housing remit in regard to domestic violence, setting out a clear understanding of domestic violence and the importance of housing as a homelessness preventive and responsive action. My Department is overseeing the development of this guidance in consultation with housing authorities, Tusla, the Housing Agency, the Department of Social Protection and Cosc. The guidance will clarify the housing arrangements for victims of domestic violence, including the recent change to housing legislation that I outlined, as well as bringing clarity to other aspects of housing policy pertaining to domestic violence. I expect the guidelines to be published before the end of the year.

As regards the Domestic Violence Act 1996, the programme for Government commits my colleague, the Minister for Justice and Equality, to introducing consolidated and reformed legislation which will address all aspects of domestic violence, threatened violence and intimidation in a manner that provides protection for victims. I understand the Minister expects to be able to publish draft heads of a Bill early in the new year for scrutiny by the Joint Committee on Justice, Defence and Equality and drafting by the Office of the Attorney General.

Deputies are aware that Tusla, the Child and Family Agency established on 1 January 2014, is now the dedicated State agency bringing a focus to child protection and family support services. This role includes responsibility for the development and provision of services to support victims of domestic violence. While Tusla is the primary funder of domestic violence refuges, its funding has been supplemented in many instances by housing authorities from homelessness funds provided by my Department under section 10 of the Housing Act 1988. Discussions are under way between my Department, Tusla and the Department of Children and Youth Affairs to progress the transfer to Tusla of the section 10 funding arrangements in respect of domestic violence refuge accommodation and services. This transfer is included in the implementation plan on the State's response to homelessness because it is considered that refuges are not homeless emergency accommodation and that a discrete funding stream, with separate reporting requirements, should be in place in respect of State support for victims of domestic violence. The transfer of section 10 funding to Tusla will ensure the State's relationship with domestic violence service providers is managed in a fashion which is more coherent and adapted to the specific needs of service users.

A critical factor in meeting the housing needs of victims of domestic violence and other vulnerable households is the supply of suitable accommodation. We all know that the State had to significantly reduce capital investment in recent years in order to deal with the difficulties with the public finances. The recent improving economic outlook was reflected in the 2015 budget which marks a significant change in the trajectory of social housing funding. Some €2.2 billion announced in the budget for social housing provision will assist in delivering an injection of newly built units in the next three years, with knock-on benefits in terms of increased employment. Off-balance sheet and more sustainable forms of funding will also come into operation, with the announcement of an extension to the NAMA special purpose vehicle, a large-scale public private partnership and a commitment to establish a financial vehicle. The social housing strategy which is being finalised will provide a coherent policy and institutional framework within which these initiatives can be executed, connected and developed. These measures, taken together, will increase the supply of social housing, shortening the time it takes housing authorities to address the housing needs of households that do not have the means to provide their own accommodation.

The Government is opposing the Bill because it seeks to amend the wrong legislation and addresses an issue relating to eligibility for social housing support that was resolved in amending legislation earlier this year. I look forward to hearing the views of other Deputies on the proposals contained within the Bill.

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