Dáil debates

Tuesday, 8 December 2020

Organisation of Working Time (Domestic Violence Leave) Bill 2020: Second Stage [Private Members]

 

8:30 pm

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

I welcome the opportunity to talk on this practical intervention to help victims of domestic violence and I thank Deputies McDonald and O’Reilly for moving the Bill. I also acknowledge the Minister’s announcement of a consultation which will lead to the establishment of domestic violence leave. This is one of the issues that we are all in agreement with so I hope we can move this Bill forward quickly and to coincide with the Minister’s consultation process to reach the best outcome for victims and survivors.

Domestic violence and abuse continues to be a horrific issue in Irish society. Safe Ireland has referred to it as the shadow pandemic. During the first six months of the pandemic, there was a significant increase in people fleeing domestic violence, with 3,450 women and 589 children contacting domestic violence services for the first time. West Cork Women against Domestic Violence, which provides vital services for victims in my area, saw a 35% increase in calls. This legislation represents the type of practical support that people fleeing violence and abuse need.

For too long, domestic violence has been treated as a private matter which does not impact on work life. That is obviously untrue. Domestic abuse and violence results in unimaginable physical and psychological impacts which affect all aspects of people’s lives. It also recognises that financial abuse is a very real, but under-reported, feature of domestic abuse. The National Women’s Council of Ireland highlights that 94% of survivors experience financial abuse, while employment sabotage is experienced by 78% of survivors.

Recognition by the State of these particular forms of abuse is essential to address this epidemic. The International Labour Organization highlights the need for leave that addresses economic dependence on the perpetrator, which makes the victims more vulnerable helps people attend court hearings, seek counselling and obtain medical help, and assists in moving people to a safe environment. Providing leave ensures that victims do not find themselves in the situation of having to choose between leaving their abuser and keeping their job.

The legislation before us provides for these supports with a statutory entitlement of up to ten days' domestic violence paid leave, as well as granting time to find accommodation or attend court as required. Several jurisdictions have comparable leave structures which we can learn from. A briefing paper the Oireachtas Library and Research Service provided for me outlines the range of entitlements in Australia, Canada, Italy, New Zealand and the Philippines. We can learn from their schemes to introduce the type of victim-centred supports we need. For example, Australia’s provisions are open to all employees, including part-time and casual employees. Newfoundland in Canada legally recognises the broad range of harmful and abusive acts which make up domestic violence, while in Alberta, Canada, leave is possible if employees, their dependants or a vulnerable adult in their care experiences domestic violence.

While we have agreement on this issue, there are many other challenges that need addressing and I will use my remaining time to focus on some of them. First, the principle underlying this Bill and the Minister's announcement is that victims need specialised supports. This means we need more flexibility in State services than is currently provided. We know financial abuse is an issue, which means social welfare payments that are primarily given to one partner or are means tested on both people do not consider the complexities of financial abuse. The unnecessary requirement for a public services card or proof of address implies the victim has access to these and fails to consider a controlling and abusive family member. Regrettably, public services can be a hostile environment for vulnerable people and this puts them at greater risk to forms of domestic abuse. People with disabilities or elderly people could be dependent on their abusers for transport, mobility or even care. Undocumented migrants or those with little English are also especially vulnerable and are often hesitant to come forward to police and other State services for fear of deportation. We desperately need firewalls separating immigration authorities and health and social services from the Garda.

Second, these specialised services need to be properly resourced and trained. Many workers in housing departments, public health settings and even members of the Garda do not have adequate training to properly interact with and understand the needs of victims of domestic abuse and violence. Local authorities need multidisciplinary teams to respond to the need of individuals presenting as, or showing signs of, domestic abuse. There needs to be more specialised gardaí in each division who are trained to respond to people who are the victims of these horrific crimes.

Third, we need to greatly increase our funding for support organisations. The Council of Europe’s standards on this outline that the majority of the support services should be provided by specialist women’s NGOs, which have provided the most responsive and effective services enabling women to realise their rights, to live free from violence and to overcome its debilitating effects. I have spoken to a number of organisations dealing with victims of domestic violence who tell me that they receive no multiannual funding. The year-to-year nature of the funding on which their very existence depends makes medium- or long-term strategic planning impossible. Everything is focused on immediate service provision and short-term survival. These organisations have also spoken to me about how difficult it is to retain staff when many have not even received a cost of living increase in the last ten years. They need strategic and consistent support. They are the experts with the skills and networks to help victims and vulnerable people.

Under the Istanbul convention, we are meant to provide one refuge space for victims of domestic violence per 10,000 people. Ireland instead provides one space per 10,000 women. Needless to say this means we provide 50% fewer spaces than recommended and we are the only country in Europe that interprets the recommendations in this way. This needs to be addressed immediately.

I will make two closing points on the consultation process. First, it has to be as inclusive as possible. The Department will have to engage with groups and organisations proactively. We cannot rely solely on overstretched services and survivors writing long submissions. We have to go to them and meet them where they are. It needs an innovative and empathetic process that can give groups and victims confidence that they are being supported. Second, we need to look at having interim emergency payments in the meantime. We have all outlined horrific aspects of domestic violence. We all know it is happening and we know it is happening tonight. If we recognise the need for domestic violence leave, we also need to work with the Minister for Social Protection to immediately put in place a temporary measure.

Comments

No comments

Log in or join to post a public comment.