Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 73:

In page 53, line 9, to delete "family" and substitute "household".

As I indicated on Committee Stage, I consider it clearer to refer to "household violence" rather than "family violence". The former term more clearly links the concept to the child's presence in the household and the effect of violence on the child. The purpose is the same, namely, to ensure that in considering the best interests of the child, the courts must consider the effects on the child of witnessing or experiencing violence.

Amendment No. 74 provides a revised subsection (3) to take account of the changed approach and focus more clearly on the risks the perpetrator of violence may pose to the child. For additional clarity, amendment No. 75 removes the qualifier, if any, stating that a parent's conduct may be considered to the extent, if any, that it is relevant to the child's welfare and best interests only. This is in response to concerns expressed that this could suggest that household violence or domestic violence between a child's parents might be interpreted as having no effect on the child. Clearly, this is not the intention. We know that violence in the home has a significant psychological impact on children, irrespective of whether they are directly physically abused. International research clearly indicates that this is the case, as UNICEF points out. Research in Ireland, such as the report, Listening to children: Children's stories of domestic violence, by Fergus Hogan and Máire O'Reilly, supports this finding.

This set of amendments, which I imagine will get support, is intended to provide a clearer evidence-based approach to assessing the child's best interest where there is or has been household violence. It also reflects the importance I attach to ensuring that the provisions that enable the court to take account of household violence are robust.

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