Dáil debates

Friday, 21 November 2014

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

 

11:00 am

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I welcome this debate on domestic violence. The claim that the issue has not been debate in the Oireachtas is incorrect. In November 2013, the Joint Committee on Justice, Defence and Equality received more than 40 submissions on domestic violence from various groups and stakeholders.

The committee had two full days of hearings on 19 and 20 February 2014. We produced a large report on all of the submissions received, as well as a final report in October, a copy of which I have before me. There has been a comprehensive debate on the issue of domestic violence and the report contains 23 comprehensive and well thought-out recommendations.

I welcome the opportunity to debate this very important issue in the House and commend Deputy Dessie Ellis for raising it. He has already said the Bill is about the provision of housing for people who have had to leave their homes because of domestic violence. I understand from the Minister that this issue has already been dealt with, although perhaps not completely adequately, but at least it is being dealt with. That does not mean, however, that we should not debate the issue because it is very important that we do. That is why the Dáil reform whereby on Friday mornings we debate issues such as this is so important. I also agree with Deputy Clare Daly that it is a pity more Members are not present to listen to it, including members of the media.

We must start with the issue of violence, as mentioned by Deputy Dessie Ellis, and the mindset permeating society. We saw it last weekend when the Tánaiste was virtually held prisoner for three hours. Violence can occur across society and, as Deputy Dessie Ellis pointed out, is occurring more and more in people's homes. It is not just directed against women but also against men. In the past few days Amen has produced a report and stated it had received to its office 2,200 calls, 1,600 of which were from new callers, about violence against men. We need to start looking at this issue and even at how we treat each other in the House. The way we behave gives a licence to others to behave in the same way. The debate today has been rational and respectful, which is what we need. If we come into the House and wave the political stick all the time with which to beat the other side, we are letting everyone down, including ourselves. We should get back to debating the issues and arguments at which we are looking.

It is appalling that people, mainly women and children, have to leave their own homes because of violence. Women's Aid states that in other jurisdictions such as New South Wales in Australia the perpetrator must leave the home, rather than the woman. This would cut down on the need for refuges. Representatives of the Do or Die Foundation, an interesting group in New York, appeared before the committee. They told us that in New York the police had the power to remove the perpetrator if it suspected that he - it is mainly a man who is involved - has been violent towards the woman. The same happens in New South Wales and other jurisdictions. The perpetrator is removed and the women and children stay in their own home in familiar surroundings. The information I have is that this action in New York has reduced the incidence of domestic violence considerably.

Perhaps we need to go back to the root causes and discover why there is such violence in society. What is happening? Deputy Dessie Ellis mentioned the violence on the streets and he is dead right. People are harassed on the streets; one feels afraid in walking up O'Connell Street and is always looking over one's shoulder. The Oireachtas Joint Committee on Justice, Defence and Equality has brought forward proposals in respect of community courts and I note that the Minister and the Irish Penal Reform Trust have agreed to them. I was disappointed to hear Deputy Clare Daly say the programmes on domestic violence at Templemore had been axed. That should not be the case. If it is the case, it should be changed.

I will mention one or two of the recommendations made in the report. There is a need for a domestic violence register, as is the case in some jurisdictions. We have called for one to be put in place here also. We have also called for the establishment of specialised units within An Garda Síochána, as mentioned by some Deputies. Other recommendations relate to medical personnel, prosecution lawyers and support services dedicated to the investigation and prosecution of domestic and sexual violence cases. Gardaí tell me that it is a very difficult issue to police. The work is very traumatic for gardaí unless they have been trained and are supported. They are working hard to tackle the issue.

Consideration needs to be given to strengthening regulation of pornography. Perhaps we might have a debate on the topic. The relationships and sexuality education curriculum in schools should be reformed to include a basic course on conflict resolution and mediation which may benefit young people. It should cover how to solve problems. We need to put in place procedures to help us listen to children who are the victims of domestic violence, whatever its source. Children are often not mentioned in these debates. They are hidden and silent, but we need to start looking at this issue, as well as at family law disputes.

A Deputy mentioned that the number of places of safety needed to be increased to ensure no victim would have to return to an abusive environment, but it is they who must leave in the first place. We should remove the abuser, which would negate the need for what many Deputies have proposed.

I also agree with Deputy John McGuinness when he says that if somebody presents as a victim of domestic violence - none of us has any idea of the trauma, hurt and danger endured unless we have been through it ourselves - we should make sure local authorities and social services are linked to immediately provide every possible support for him or her. Very often such persons come to our offices and we examine how we can get help for them. What do we do when somebody presents to us late on a Friday afternoon and tells us that he or she has had to leave the house because he or she was being beaten up? There needs to be some emergency help available straightaway, not bureaucratic help but from somebody who feels for the person involved.

I walked around town last night. Sometimes when one is here all day, it is good to clear one's head. I counted 15 people sitting on the sidewalk with cups. I suggest the Minister who is new to the job appoint a housing czar to deal with the housing crisis. I know that he is working hard on the issue, but it is out of control. We need one person to take national responsibility for this it, to go at it full time, not just in Dublin but also across the country. For the first time ever in my area in east Cork, people are coming to me telling me that they are homeless and have nowhere to go. This is serious and must be tackled. Otherwise, we will see people dead 0n the streets. I have told the Taoiseach this and I am saying it in the House publicly.

We could probably discuss the issue of domestic violence for the entire day because it is huge. I ask Deputies and the media to look at the report published by the Oireachtas Joint Committee on Justice, Defence and Equality, one of about 22 reports produced in the past three years. We say a domestic violence unit should be established within the courts tasked with dealing with the issue. I mentioned the need for a domestic violence register, known as Clare's Law in the United Kingdom. Under this law, somebody in a relationship can go to the police and get it to tell him or her whether a particular man or a woman has a history of violence. In some instances, there is a history, but it is not known about until it is too late. Having a domestic violence register is something the committee recommended as being important.

I spoke about emergency barring orders. That is an issue at which we should look.

I thank Deputy Dessie Ellis for bringing forward the Bill. It might not be hugely necessary, but the debate is absolutely essential.

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