Dáil debates

Tuesday, 16 October 2018

Criminal Justice (Victims of Crime) (Amendment) Bill 2018: Second Stage [Private Members]

 

9:35 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent) | Oireachtas source

I am happy to speak briefly on this Bill and salute Deputy O'Callaghan and his office for highlighting this matter. Deputy O’Callaghan informs us that the purpose of this legislation is to give greater support and protection to victims of sexual violence, gender-based violence or violence in a close relationship in circumstances where they make a complaint to An Garda Síochána. It will also seek to amend section 17 of the Criminal Justice (Victims of Crime) Act 2017 in order that where victims of sexual violence make a complaint, they will be provided with relevant information and legal advice by a solicitor funded by the Minister.

I am sure this is a proposal we can all support once the mechanics of how it is implemented are strictly defined. If it is to be State-funded we certainly do not want to see a repeat of the scenario where it amounts to the sums provided by Government to cover the costs associated with civil and criminal legal aid. Our intentions may be honourable with this Bill but things have a habit of developing a life of their own where legal costs and solicitors' fees are involved. I am not having a go at Deputy O'Callaghan when I make that point.

The Minister for Justice and Equality, Deputy Flanagan, confirmed to me in a parliamentary reply that over €605 million has been allocated for legal aid since 2011. This was in a time when Garda stations were being closed left, right and centre, Garda overtime was cut and some areas did not even have proper patrol cars. During this period, supports for women’s refuges like the excellent Cuan Saor refuge in my home town of Clonmel were being drastically reduced. I have been highlighting this issue since at least 2013 when the scale of the crisis among such groups and refuges trying to offer shelter first emerged. Lack of funding is putting the welfare of women and children at serious risk. Cuan Saor’s core funding has decreased by €110,000 since 2010 despite the increase in referrals to the service. In some years Cuan Saor has been unable to accommodate up to 212 women and 256 children, which is staggering. In light of these figures how can the Government’s response, which has been to further slash funding, be seen as anything but reprehensible hypocrisy? These refuges do extraordinary work and I salute the staff members who regularly go beyond the call of duty in providing care and shelter when they can. Unfortunately, thanks to the absurd lack of funding, all of that is in direct danger of collapse. There was a huge fundraiser recently - Music Day Under the Arches, which is held every year - which raised approximately €17,000. The people at Cuan Saor have enough to do in looking after the most vulnerable women and children and should not have to get involved in fundraising too. The Minister must pony up and provide the funding required rather than making hypocritical statements.

A lack of places in refuges is not the only problem to be faced, however. Under the 2011 housing regulations, women who are joint owners of a home are not deemed to have a housing need unless they are divorced or formally separated even if they have fled the home because of violence. This means they cannot be added to housing lists and are unable to get rent supplement. This causes huge levels of difficulty for women and their families who are trying to break the link with an abusive partner. This is also an issue that needs to be urgently addressed, on top of the issues raised by Deputy O’Callaghan's Bill, which I am happy to support.

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