Dáil debates

Friday, 15 December 2017

Domestic Violence Bill 2017 [Seanad]: Second Stage

 

1:15 pm

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak on this debate. It is very important legislation. As the Minister is aware, Seanad Éireann has already passed the Bill, which has come to this House. Fianna Fáil Senators contributed significantly to the debate and to amendments introduced in the Seanad. Similarly, in this House, Fianna Fáil Deputies will be supporting the Bill and will also be bringing forward any amendments we think are appropriate for the purpose of strengthening the Bill.

As the Minister pointed out, it is important to emphasise that domestic violence is completely unacceptable. In many respects, violence, no matter where it comes from, is unacceptable but there is something particularly insidious about domestic violence. For many years in Ireland, spouses, overwhelmingly women, have been subjected to violence which is as the Minister stated, unacceptable. It is important that we as a State put into our laws specific requirements and prohibitions on acts of domestic violence and measures that can be taken by victims of violence for the purpose of trying to protect themselves and indeed their families.

It was back in 1996 when we first introduced legislation dealing with domestic violence in these Houses. In 2002, amending legislation was introduced. The fact that we have previously introduced this legislation indicates that we are aware it is a problem in Irish society. However, it is important to point out that sometimes we think Ireland is exceptional. It is not. Domestic violence is a problem throughout the world. I believe that through the legislation we have introduced over the past 21 years or so that we are moving forward in respect of our desire to deal with it. However, it is a problem that has afflicted the world. It is important to emphasise at the outset that it is completely unacceptable that individuals think they can use violence within a domestic environment in order to put pressure on a spouse or to force a spouse to act in a particular way. It must also be said that, unfortunately, it is overwhelmingly the case that the victims in these acts of violence are women. Nonetheless, this legislation will also apply to men who are victims of domestic violence. It is also worth pointing out that there have been cases and no doubt, there will be cases in the future where men are victims of violence.

The great benefit of the legislation being introduced is that it replicates many of the mechanisms that are available to victims to apply to our courts in order to seek protection. As the Minister has indicated, under the legislation, victims of domestic violence will now be able to apply to our courts for safety orders, barring orders, interim barring orders, emergency barring orders and protection orders.

Some of the biggest victims of domestic violence are children. It is a very traumatic experience for any child to be brought up in a house where there is violence between parents. It has a significant long-term impact on the child. It can also lead the child to believe in years to come that it is an acceptable way of resolving domestic disputes. It is not. I welcome that the legislation also provides for care orders or supervision orders under the Child Care Acts. As the Minister has indicated, under section 27, it also allows for the views of the child to be taken into account. It is a very difficult situation for children to find themselves in. Being in a house where there is violence is unacceptable. The State should not permit it and should provide the mechanism for applications to be made to ensure the family, victim and child can be protected.

The Minister also pointed to the offence of coercive control, which was introduced in the Seanad in section 40. It is a new offence and one we will consider carefully. It is a worthwhile offence to include. It will not apply inappropriately to situations in which somebody just gives a glance at the situation. The section is very specific in terms of how it applies, its persistence and the person to whom it applies. I welcome the legislation.

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