Dáil debates

Wednesday, 11 December 2019

Domestic Violence: Statements

 

7:50 pm

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

We all have long experience of speaking on this issue. I was a member of Leitrim County Council for many years. Many people came to me privately to talk about the situations they were in. I have great respect for the domestic violence advocacy service in Sligo. I have had to direct many people there many times. The level of funding received and the way in which the service considers it is neglected by the State in respect of all of that is a shame on everyone. This Government needs to step up to the mark in this respect.

The family law centre in Smithfield has been mentioned. I believe it would be more than appropriate to ensure a solid commitment to make that a reality. When many of the women I have spoken to go to court they find it a traumatic experience. Having to go to court is a cramped experience. They find themselves close to the perpetrator of the violence. The experience is retraumatising for them. This is one of the obvious situations that needs to be dealt with.

It is about a year ago since a particular woman came to me. She was from a different part of the country and she had moved to Leitrim. She had two little boys. She told me of her experience. For many years she had been living with a partner who had abused her and controlled her. He followed her to work every day. He picked her up from work in case she talked to anyone. He totally dominated her life. Her two little boys were the reason she stayed for so long. Sometimes when the violence would get bad, he would go out, get into the car, put the two boys in the car with him and drive off. He might not come back for hours or sometimes for two days. She would not know where he was or where her children were. She was in such terror over what would happen to them. Eventually, she found the strength she needed. Finally, she had a close friend who assisted her in getting away and she got away. The first time I met her she was with me for an hour or more. It was a hard experience to sit and listen to someone who had been terrorised in that way.

I remember another woman who was a friend of my mother - my mother is in her 80s now. The woman told me how she lived all her life with a man who beat her. Given the type of society we had at the time she figured she could do nothing about it. The thinking was that was simply the way it was. A certain atmosphere existed in our society in the past. People were told that they had made their bed and had to lie in it. That was the attitude. We have to be far better than that. However, it is not only a matter of the attitude we have - our attitude has improved a great deal, in fairness - it is also about the supports we provide. We must ensure that when people have the courage to break out they can come to a place where they have comfort, support and generosity. They need to feel included. There must be no obstacle in their way to find another life. Often that is precisely what they need to do; often they need to find a completely new life. The woman I referred to earlier with two small children could not go near the part of the country where she had lived. She had to break all contacts with her friends and work colleagues. She had to live a new life. It was very difficult.

I realise the Minister of State, like everyone in the House, has come across similar situations. However, if we are going to make a difference we have to change what we are doing. Clearly, the system in place at present is not working for so many people. Women's Aid and other organisations have come forward and raised several things that need to be done. One relates to the Bail Act. When a person is charged with domestic violence, more often than not it is in the District Court and so the Bail Act does not apply. Even if the Garda maintains that the defendant is in danger of recommitting the violent crimes that he has committed against his ex-partner, the Bail Act will not apply if the punishment is a sentence of less than five years. All domestic violence cases should come under the Bail Act. That is something that can be done as a practical measure.

Women's Aid highlighted another issue that would be easy to work with. The organisation said linkages should be developed between the family and criminal law courts so that information on domestic violence related to criminal offences is communicated properly to the family law courts determining access and custody matters. I read that recommendation in a document some months ago when it was released by Women's Aid. Around that time a woman told me that her former partner had been beating her for years. He was able to go into the family law court. The fact that he had been convicted in the criminal court for attacking his partner was inadmissible. There is a great deal we can do. We do not require vast amounts of legislation or time to bring these measures through in the House. There must be a focus on this. I appeal to the Minister for Justice and Equality and the Department to sit down and work with the non-governmental organisations. In fairness, many of the organisations have the answers but they are not being listened to in the way they need to be listened to. Whether there is a fear that it will cost money or whatever, I do not know. In any case, the amount of money it would cost is negligible compared with the amount of pain that could be resolved.

This debate is welcome but we have a great deal of work to do. We need to come together collectively to make a difference.

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