Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Ba mhaith liom tréaslú leis an Aire, an Teachta Flanagan, as ucht na hoibre atá déanta aige, ag an Roinn agus ag an Seanad ar an mBille fiúntach agus luachmhar seo. Beidh Sinn Féin ag iarraidh tacaíocht agus cabhair a thabhairt don phróiseas seo ionas go rachfaidh an reachtaíocht tríd na Dála chomh luath agus gur féidir. We have just finished a debate on child homelessness and there are some parallels here. As with child homelessness, domestic violence is something that disproportionately affects women and children. There is a distinction in that the State is responsible for the failures which cause the suffering of child and family homelessness, whereas in cases of domestic violence, tragically, loved ones, or those thought to have been loved ones, are responsible. There is a particular dynamic of fear and betrayal in domestic violence. It is one of the most heinous crimes that can be committed. It is a crime that is persistent in its violence, that is repeated day after day, night after night for years and for some people for decades.

We often express our shock and outrage about one-off incidents of violence as we see them reported. Unfortunately, there is still an element of a blind eye being turned to domestic violence. I welcome the recent awareness campaign. It is quite effective. It illustrates quite well the double standard that exists and how it is easier for some to carry on and pretend it is not happening. There is no justification for that kind of tolerance. There is a responsibility on people to speak up. Just because the violence occurs behind closed doors, or because it is inflicted by a person known closely or intimately to the victim, it does not make it any more acceptable. In fact, as the Bill reflects, it should be considered an aggravating factor.

The barriers which prevent many people from leaving much sooner than they otherwise would must be removed and appropriate supports put in place. The lack of alternative accommodation is one of the biggest barriers and is a very real barrier. This ranges from the shortage of refuge beds to the lack of transitional housing and, indeed, to spiralling rents. The housing crisis is connected to this. Women and children who flee domestic violence should be exempt from the red tape and bureaucracy that can surround housing, particularly in respect of applications for social housing. A woman may be the joint owner of a house, but if she is fleeing for her life or for her safety she can hardly call it home. To this end, all housing officers and sections should have domestic violence training in order for them truly to understand the dangers and dynamics of the situation of the woman sitting before them. I recognise that many local authorities handle this issue quite sympathetically and well, but there is still a distance to travel and not all local authorities would apply the same sensitivity and understanding.

The introduction of this legislation is to be welcomed as the provisions of the Bill will allow Ireland to ratify the Istanbul Convention and the Council of Europe Convention on preventing and combatting violence against women and domestic violence. I take this opportunity to commend the Minister, as I did in Irish at the start, the Department and, in particular, the Seanad and the organisations involved in this. These included Safe Ireland, Women's Aid, the National Women's Council of Ireland and Barnardos.

I have been a Member of this House for two years and previously worked as a member of staff here for three years. This is probably the most comprehensive and successful example of lobbying by NGOs that I have seen in that time. It has been fruitful and constructive and some of the credit for that goes to the Minister and the Department for engaging with the arguments made by Independent Senators, Fianna Fáil Senators, Labour Senators and Sinn Féin Senators. Great credit is due for what has been a very effective, comprehensive and professional engagement, which has borne fruit in the amendments which have been made. I will touch on those. The Bill will make a real concrete difference to women and men who find themselves in these situations.

I will note some of the sections I particularly welcome. Some were in the original Bill and some have resulted from amendments. In particular I welcome section 6 which allows people who are in intimate and committed relationships but who are not cohabiting to apply for safety orders. Section 9 introduces the new emergency barring order which prioritises the safety and welfare of people ahead of property. This section is essential to allow Ireland to ratify the Istanbul Convention. Sections 19 to 24 relate to the service of orders by An Garda Síochána and result from an amendment in the Seanad. Section 27 enables the court to seek the views of a child when an order is being sought on his or her behalf. This is vitally important. As I have said, this is a form of violence and a crime which particularly affects children. This section should make the process more child-friendly. I look forward to engaging with that section on Committee Stage.

Section 39 deals with a new offence of forced marriage.

The Minister has acknowledged it is necessary in order to ratify the Istanbul Convention but it also has inherent value and is a statement of the State's stance on the issue.

Section 40, which the Fianna Fáil speakers acknowledged, is a valuable amendment by the Seanad and creates the new offence of coercive control, which is a significant reality in Ireland. Deputy Rabbitte outlined a good example of the types of behaviour the legislation should seek to make a criminal offence.

Section 41 relates to aggravating factors and much work was done in this regard. There was, and perhaps still is among some people, a belief that it should be a mitigating factor that domestic violence happens behind closed doors or that a different approach should taken. On the contrary, the level of betrayal and violence involved should be an aggravating factor, taken more seriously and considered a more grave matter by the Director of Public Prosecutions and judges.

The scale of the domestic violence problem in Ireland can be seen by the fact that in 2015, there were 12,041 contacts with Women's Aid, in which 16,375 disclosures of domestic violence against women were made, including emotional, physical, financial and sexual abuse. Domestic violence is a crime and it is everyone's business. Unfortunately and tragically, in some circumstances, it can lead to murder.

I commend Safe Ireland, representatives of which I met during the week, together with the other organisations previously mentioned, for their engagement with the Department and efforts in bringing the Bill forward.

Domestic violence can happen to anybody, man or woman, to members of the LGBT community and in any social setting. However, it is a crime that disproportionately affects women and children. I acknowledge the courage, strength and resilience of women and children who have experienced domestic violence, both those who continue to live with abuse and those who have taken the enormous and terrifying step of deciding to leave. I want to remember the more than 200 women who have died violently in Ireland since 1996 and all those who died prematurely because of the violence and abuse inflicted upon them. I acknowledge their suffering and that of their families. I also acknowledge those adults who were robbed of their childhood and survived domestic violence.

The legislation must be underpinned by additional resources for front-line services. I acknowledge the services in Cork provided by organisations such as YANA in north Cork, Mná Feasa and Cuanlee, which do excellent work in protecting and supporting women and men in such circumstances. Additional funding for refuges, helplines and cross-agency and community training, including for judges, should be considered. Without adequate resources, the Bill will not meet the objectives and high ideals it has set out. I hope resources are to the fore of the Minister's mind when signing off on the Bill and when coming up to the next budget. We look forward to engaging further with the Bill on Committee and Report Stages and will be supporting its passage.

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