Dáil debates

Wednesday, 11 December 2019

Domestic Violence: Statements

 

8:10 pm

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I am sharing time with Deputy Troy. One in four women in Ireland experiences physical and sexual violence by an intimate partner. Over the past 32 years, 126 women have been killed by a current or former partner. The Garda states that domestic homicides have outpaced gangland murders by almost two to one in the past three years. The Garda responds to between 500 and 600 domestic abuse calls a week. These statistics are horrific. It is clear that the women of Ireland are being failed. Women and children are being turned away from refuge centres due to a lack of space and professional support services. Despite this, budget 2020 failed to provide any additional funding for the domestic violence sector. The Government must commit to meeting its obligations under the Istanbul Convention. Under this, there should be 472 refuge spaces for victims of domestic violence, yet Ireland only has 141, less than 30% of the required spaces.

Nine counties have no places for women seeking refuge. To escape, women need somewhere to go. This also affects men, albeit in smaller numbers, but it is every bit as serious when it happens to them. Fianna Fáil calls on the Government to allocate the necessary funding for the establishment of a dedicated family law court as a matter of urgency. The conditions in which family law and child care cases are heard are totally unsuitable. I practised family law as a barrister for approximately seven years and experienced the lack of privacy and dignity for people looking for justice, help and support in many family law courts throughout Ireland. I commend the Government for bringing in the Domestic Violence Act 2018. That was a very important step.

People who have suffered domestic violence are more likely than others to suffer from mental illness, depression and anxiety. This may be obvious but it is very important because psychological violence is also very real and serious. The abuser knows what buttons to push. It is important to address mental illness and mental health effects to help people's recovery.

I recently attended the launch of the exhibition at the Wexford omen's refuge for the 16 days of action opposing violence against women. It was a very powerful exhibition. The most powerful exhibit was probably the plastic shopping bag with only a few items of clothing. It reminds us that when people flee domestic violence they very often have to flee with no notice, at the first available opportunity. They leave with almost nothing. Other exhibits were the broken phones with messages of hate and control on them, a smashed car window and one message which read, "The real monsters never lived under my bed, they held me close and told me they loved me." That was a very powerful message. I compliment Pauline Ennis and her team and all the people who work in, support and contribute to the Wexford Women's Refuge in Wexford town. They do phenomenal work and deserve as much support as possible.

Deputy Martin Kenny raised an important point about the admissibility of evidence. As someone who practised criminal and civil law, I argued this point before judges and have seen others argue it. There is confusion in our courts over the admissibility of a criminal conviction in a civil court. Lay litigants, as many in the family law courts are, may not be aware of the Supreme Court judgment in the Catherine Nevin case in February this year. Several years ago, the then President of the High Court, Mr. Justice Nicholas Kearns, found that a criminal conviction was admissible in the case that was brought to disinherit Katherine Nevin. That decision was upheld by the Court of Appeal and on 7 February 2019, the Supreme Court, in a judgment by Ms Justice Iseult O'Malley, upheld that appeal. A criminal conviction is admissible in a civil case as prima facieevidence of what that conviction is for. I have given the date of the decision in case people need to use it. It is always a matter for the judge to decide whether to admit that as evidence but it is important that the judgment be available. I thank Deputy Kenny for bringing up that important point which I had forgotten about but it does arise regularly. I hope that judgment can be used by people who need it.

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