Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Members. I thank Deputy O'Callaghan for introducing this Bill and acknowledge the contribution of his colleague, Deputy O’Loughlin, and the public utterances of Senator Clifford Lee, as well as those of many other Members of the Houses.

On 8 March last, International Women’s Day, Ireland ratified the Istanbul Convention on preventing and combatting violence against women and domestic violence. That marked the culmination of a four-year action plan across the Government, but it did not mark an end to the work of eliminating the horror and scourge of domestic violence in our society. The reality is that among women who are victims of homicide, three in five are killed by a current or former partner. Domestic homicides are rarely isolated acts; they are the ultimate expression of a pattern of violence within the home. It is hard to conceive of more shocking and distressing crimes than those we are discussing this evening. I warmly welcome the commitment expressed across this House to make every effort to prevent them and to ensure those who have suffered these horrors are properly and compassionately supported. It is a commitment I unequivocally share.

Protecting and supporting victims is and has been a priority for the Government. I have listened carefully to the views expressed both inside and outside these Houses on how best to achieve this. I do not believe there are quick or easy answers, but there are things that the State can do, and can do better. With that in mind I have commissioned the independent research study into familicide and domestic homicide reviews that I announced last Tuesday and which I wish to outline to the House. This Bill will be an important feature of that study and at an early date I will forward a copy of the Bill together with Deputy O'Callaghan's opening contribution to the chairman of the study.

I acknowledge the role of non-governmental organisations, NGOs, in both the provision of supports to victims and advocating on their behalf. I also acknowledge the powerful testimony of the families of those who experienced horrific loss when their loved ones were murdered by the person with whom they should feel safest. The nature of the expert study I have commissioned was very much informed by consultation with bereaved victims, NGOs and people considered to be experts in this area. In particular, I acknowledge the submissions made to me Mrs. Mary Coll and her daughter, Jacqueline, whom I have met twice in the past few months to discuss their concerns about a variety of issues in the aftermath of the killing of the late Clodagh Hawe and her three sons, Liam, Niall and Ryan, by Clodagh's husband, Alan Hawe, who subsequently look his own life.

It was clear to me that familicide, a rare and appalling crime in this country, requires a special, tailored response. For some time I had been contemplating the best approach to domestic homicide reviews in this jurisdiction. I have combined these two related issues into a two pillar expert study that will involve wide consultations, including with NGOs and bereaved families, and recommendations for best practice. I thank all those who helped to shape the terms of reference, including Mary and Jacqueline, Women’s Aid, Safe Ireland, AdVic and Support after Homicide. I also thank them for their support for this approach, which is a sincere attempt to ensure the State does not let people down in these horrendous cases.

The expert study will be led by Norah Gibbons, with support from a specialist team. Ms Gibbons will work with families of victims and other stakeholders, as well as the relevant State bodies. The study will operate independently. Ms Gibbons will be free to recommend any course of action which she considers appropriate. I have asked her to provide a report within 12 months. I took great care in choosing the right person to lead this study. Ms Gibbons has vast experience of leading the examination of sensitive issues in both the voluntary and State sector, as well as of cross-agency work. Of particular note, she was a member of the Commission to Inquire into Child Abuse, chaired the Roscommon child abuse inquiry and was the first chairperson of Tusla, the Child and Family Agency. As I said when I announced the study, she brings not only experience and expertise but also great humanity and compassion to this work. I have every confidence she will engage sensitively with those affected by this unimaginable loss and will provide meaningful and constructive policy recommendations that will guide the Government and the Oireachtas.

The study will examine two separate but related areas. The first, dealing with familicide, will look at the supports provided to those affected by these crimes, identification of potential warning signs and provisions for information sharing. While it is the case that the family victims receive a range of different supports across different agencies and services in trying to cope with the ordeal which is inflicted upon them in such circumstances, we must examine how these supports can be strengthened. It is very important to examine how these supports can be provided across relevant State and other services in a more systematic and integrated way. This study will seek to set out how we can better ensure that family victims of familicide are supported to the fullest extent and in as compassionate and timely a manner as possible by the State. To ensure this, it is necessary to examine existing arrangements and establish appropriate protocols and guidelines to govern such cases. I am asking the study team to have a particular focus on this area. I am also asking the study to examine how local communities can be best supported in dealing with the impacts of familicide cases that take place in their area and to examine the role of both the traditional media and social media in reporting cases of this nature.

The second area the study will examine is the operation of domestic homicide reviews. As Deputy O'Callaghan mentioned, these have taken place for a number of years in England, Wales and elsewhere and have been important in determining the effectiveness of interventions. I can understand the desire to adopt the English model in Ireland, but it is not as simple as it seems. The approach we are taking is the correct one. We are asking Ms Gibbons and her team, in consultation with stakeholders, to look at the experience of domestic homicide reviews in the UK and elsewhere and to define international best practice.

I wish to refer briefly to a number of other legal measures, and I acknowledge the support of Deputies O'Callaghan, O'Loughlin, Ó Laoghaire and others in ensuring the Government was in a position to ratify the Istanbul Convention earlier this year. I refer specifically to the Domestic Violence Act 2018, the Criminal Justice (Victims of Crime) Act 2017, which explicitly recognises for the first time in Irish law the rights of victims of crime, and the Criminal Law (Sexual Offences) Act 2017, which introduced a statutory definition of consent to a sexual act.

It also addressed a number of evidential issues to protect child and adult victims of sexual assault from any additional trauma or upset arising from the criminal process.

Legislation is, of course, only part of the answer. My Department is providing a sum of €1.7 million this year to fund services for victims of crime. Tusla, the primary State funding agency, is providing €23.8 million to support services for victims of domestic and sexual violence. An Garda Síochána continues to develop policies, procedures and practices to inform its approach to domestic homicides. This includes a domestic homicide review team in the Garda National Protective Services Bureau examining a small number of domestic homicides for review. The purpose of these reviews is to improve the response of An Garda Síochána in the handling of domestic violence and abuse and includes examining potential changes to relevant policing practices and procedures.

Tackling domestic violence is central to my work as Minister. It is an area that receives ongoing priority attention in my office and this will continue. In this House we have worked together constructively legislating in this area in the past and I am hopeful we can continue to work together on shared priorities across the House.

I am sure Ms Gibbons would be happy to meet the justice spokespersons and I appeal to colleagues to encourage anyone known to them who can make a contribution to the study to come forward once Ms Gibbons issues a call for submissions. I expect such a call to be advertised in the national media within the next couple of weeks. I believe it is sensible and reasonable to allow this expert study to take place before we embark on legislation and initiate a parallel process.

I acknowledge the importance of this debate. I again thank Deputies O'Callaghan and O'Loughlin for the work that went into the preparation of this legislation. I acknowledge the contributions of all Members. I assure the House that, as Minister, I will continue to engage on these issues, and tonight is a welcome opportunity to do so. I am sure we will return to this matter at a later stage.

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