Dáil debates

Wednesday, 25 April 2018

Domestic Violence Bill 2017 [Seanad]: Report and Final Stages

 

5:10 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I wish to again record my appreciation, as well as that of the Minister of State, Deputy Stanton, for Deputies’ contributions in what was a high degree of constructive engagement at the various Stages during the Bill’s course through both Houses. Members will agree that this is one of the most important Bills to come before the Oireachtas this year.

We all know domestic violence can have devastating physical, emotional, mental and financial consequences for victims, as well as for society as a whole. Protecting and supporting victims has been a key priority for the Government. The enactment of this Bill is a key part of the second national strategy on domestic, sexual and gender-based violence 2016 to 2021. The Bill builds on the protections for victims provided for in the Criminal Justice (Victims of Crime) Act 2017. In developing this Bill, my Department and my colleague, the Minister of State, Deputy Stanton, have engaged closely with groups that support victims of domestic violence. I acknowledge the work being done by these organisations and their ongoing contribution to strengthening the provisions of this legislation. The support and assistance these organisations continue to offer the victims is hugely valuable to people who find themselves in difficult, and often extremely vulnerable, situations across society.

The Bill will allow us to proceed further on the important issue of ratifying the Istanbul Convention. Ratification of this convention remains a Government priority. As soon as the Bill is enacted, only one more legislative action will be required to enable the ratification of the Istanbul Convention, namely, the Bill on extraterritorial jurisdiction for certain offences. I hope to publish this legislation in the coming months.

For too long, domestic violence has been seen primarily as physical abuse. The new offence of coercive control sends a clear and consistent message that non-violent control in an intimate relationship is criminal and will be treated as such. The effect of such behaviour may be as harmful to victims as physical abuse because it is an abuse of the unique trust associated with an intimate relationship. Explicitly capturing this in legislation will also help victims identify that the behaviour they are suffering is wrong, encourage them to report it and cause perpetrators to rethink their controlling behaviour. Another important provision will ensure that an intimate relationship between victim and perpetrator must be regarded as an aggravating factor in sentencing for a wide range of offences. This new provision sends a clear message that society will no longer tolerate the appalling breach of trust committed by one partner against the other in the context of an intimate relationship.

On 1 January 2018, the financial contribution required from applicants for civil legal aid in domestic violence cases in the District Court was removed. This practical change will help to ensure that victims of domestic violence feel more confident about turning to the courts and remove an obstacle and a barrier to access to justice, which resulted in unfairness.

This legislation will help to improve the protection of victims of domestic violence because it puts the needs of victims first and foremost and will make a difference to both men and women across our country. I look forward to its enactment and implementation.

I again acknowledge the constructive contributions of Members on all sides.

Comments

No comments

Log in or join to post a public comment.