Dáil debates

Tuesday, 21 May 2019

Domestic Violence (Amendment) Bill 2019: Second Stage [Private Members]

 

8:30 pm

Photo of Fiona O'LoughlinFiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

I have been pleased to have worked on the Bill with Deputy O'Callaghan. We are here to discuss legislation that I wish we did not need. I wish that names such as Clodagh Hawe and Celine Cawley, or the dreadfully violent circumstances of their deaths, were not known to us. They are but two of the 225 women killed in Ireland by a partner, ex-partner or husband in recent years.

The Bill originates from the tragic murders of Ms Clodagh Hawe and her three sons - Liam, Niall and Ryan - in August 2016, and the very powerful interview given by Clodagh’s sister, Ms Jacqueline Connolly, and her mother, Mrs. Mary CoIl, to the RTÉ broadcaster Claire Byrne on 25 February 2019. The eloquence of Jacqueline and Mary in spite of their grief and anger is one of the reasons we know that we absolutely need this legislation. One of the most shocking things for those watching the interview was the lack of information available to Clodagh's family. Having so many questions about the murders is clearly one of the hardest parts for the family as it leaves them with no peace. A legal request by Mary and Jacqueline for copies of the Garda files from the investigation into the murders was refused, which is profoundly unjust.

Families living with the trauma of family murders have repeatedly called for reviews of domestic homicides. These families need support, advice, counselling and, above all, answers. It was with that in mind that Fianna Fáil proposed the Bill to amend the Domestic Violence Act. A systematic multi-agency review of domestic homicides will not bring a loved one back to his or her family, but it may give the family some answers and allow the State to learn lessons on how to better protect vulnerable women. Domestic homicide reviews are a rich source of information on the nature of domestic homicide, the context in which it occurs and, most important, the lessons that can be learned from these tragic events. Common themes and trends emerge which help in risk assessment for Government agencies and police forces. They help in drawing up better training programmes for gardaí and to encourage and facilitate inter-agency co-operation. Every person has the right to live a life free of fear and violence. For one in five women in Ireland, that human right is denied every day.

I wish to mention Women's Aid and the incredible work it does. I attended the launch of its annual report this year, at which its representatives spoke of 16,994 disclosures of violence against women and almost 200,000 visits to its website. Behind these stark statistics are women we meet every day - our sisters, neighbours, friends and work colleagues who put on a brave face in front of their children, families and work colleagues. When we have the opportunity to speak to them through an agency such as Teach Tearmainn in my county of Kildare, Women's Aid or, increasingly, in Members' advice and constituency clinics, we hear how they are trapped in abusive relationships. We hear that they are in relationships they are unable to see a way out of and where they are at the mercy of controlling and abusive partners and isolated from families and friends. The figures increase every year. Increased safety and protection for these women and their children affected by domestic violence must be at the heart of any progress we want to see. Of course, there are men who are impacted. However, the figures show that 95% of those who come forward are women.

There is much we need to do, such as improved access to refuges and longer term support, a new family law court in Dublin and increased services to refuges. I thank, in particular, the women whom I met in the Dolphin House family law court for their bravery and courage in talking to me about their lives. I am often full of fear that I will someday hear their names mentioned by the media and know they were victims of the worst possible crime, namely, murder.

The purpose of the legislation is to introduce a new section providing for the establishment and conduct of what are referred to as domestic homicide reviews. The Bill will allow the Minister to order a domestic homicide review following the death of a person which appears to have resulted from violence, abuse or neglect by a relative, a partner or a person with whom the deceased was in an intimate personal relationship. As Deputy O'Callaghan stated, such reviews have been required in Britain since 2011.

It is a sad reality that one in four violent crimes reported internationally involves a man assaulting his wife or partner.

All international research consistently shows that a woman is more likely to be assaulted, injured, raped or killed by a current or former partner than by any other person. It also shows that where there is control, violence, even if it a low level of violence, and separation there is a 900% increase in the potential for homicide. The red flags exist, but too often action is not taken on them. With regard to the murder of women in Ireland, since 1996 almost two thirds of women who have died violently were killed in their homes. We also know from the experience in the UK that the introduction of these reviews has been instrumental in identifying shortfalls and addressing them.

Domestic homicide expert, Dr. Jane Monckton Smith, says we must change the way we talk about abuse and fatal violence. The term "crime of passion" that is often used is totally inaccurate as none of these murders is about love or passion. They are about control and a feeling of entitlement. If we do not examine trends, patterns and histories we will remain in denial. More importantly, we will be letting down both past victims and the future victims whose names we do not yet know. The case for this legislation has been made. We need to know, if we are to stand any chance of learning how to protect women from the most dreadful of fates.

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