Dáil debates

Tuesday, 24 June 2014

Other Questions

Domestic Violence Policy

4:05 pm

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Socialist Party)
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71. To ask the Minister for Justice and Equality if she intends to bring forward the ratification of the terms of the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence; and if she will make a statement on the matter. [26759/14]

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Socialist Party)
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When does the Government intend to sign the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence. While this was signed in 2011 it has not yet been ratified by the Irish Government. This is an important landmark for women. Gender-based violence is at epidemic levels and one in four women in Ireland have experienced domestic violence. Perhaps the Minister will indicate when that convention will be ratified.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am anxious to see Ireland in a position to ratify the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence - the Istanbul convention - as quickly as possible. However, I will only be able to proceed with ratification when we have in place measures that match the requirements of the convention. This will require changes to our domestic legislation. This is a matter of priority for me. To this end, the Department is working on a number of pieces of legislation which will assist in Ireland ratifying the convention.

The legislation under development to allow us ratify the convention includes the Government commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims. This legislation will enable requirements of the convention to be addressed. Substantial progress has been made by the Department in formulating legislative proposals in this regard.

It is anticipated that the legislation to transpose the EU victims directive will also implement articles contained in the Istanbul convention. The victims directive is another important part of ensuring we can sign and ratify the convention, the deadline for which is November 2015. I am not suggesting that ratification will not take place until then but that is the actual deadline for Ireland to sign that directive.

In addition, Cosc, the national office for the prevention of domestic, sexual and gender-based violence, an office of my Department, is working with a substantial number of external Departments and other agencies to identify other possible legislative and administrative issues and solutions necessary before Ireland can ratify the convention. We will have an action plan to enable Ireland to ratify the convention provisions. I have asked for this to be progressed as quickly as possible, having regard to the various obligations of other Departments. I want to assure the Deputy that this is a priority for me. I believe Ireland should sign and ratify the Istanbul convention.

There was some concern that our legislative provisions on barring orders might serve as a constitutional impediment to signing. I asked for further advice on that and got some. I hope there will not be an impediment so it will be a question of legislative change as opposed to constitutional change.

4:10 pm

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Socialist Party)
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One of my concerns was that our very old Constitution would prove an impediment to women in terms of their being able to gain access to emergency barring orders. It is quite incredible that constitutional change on property rights would take precedence over the rights of women and their lives, health and children. I hope constitutional change will not be required. What has been said just reaffirms how outdated and outmoded the Constitution is in regard to any progress in society.

I am not surprised that there is difficulty implementing the convention given the bedraggled condition of refuge services and services addressing violence against women in this country. Solas Family Resource Centre reports that demand for a refuge place is four times greater than what it can supply. Many refuges around the country have had to beg for money from their local councils because of Government cuts. I would imagine that considerable investment is required if Ireland is to be in a position to sign the convention.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will know, it is not unusual for constitutional sensitivities to be raised when bringing forward important legislation like this. I have said that the most recent advice I have on constitutional difficulties suggests constitutional change may not be required. I am ensuring that we are preparing for the legislation that will be needed in order to sign and ratify the convention. That is certainly my goal. I have said the Bill is a priority. I will be meeting Ministers of State, Deputy Kathleen Lynch and Deputy Jan O'Sullivan in regard to some of the issues the Deputy mentioned on housing and refuges. International best thinking suggests that more preventative work and supporting women in their homes is preferable to requiring women to use refuges. I accept that women need to use refuges very often. Having more supported services for women in their local areas is very much preferable, as is the effective use of court sanctions against those who perpetrate violence against women.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Socialist Party)
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I agree the refuges are a last resort but we need massive structural, cultural and social change in society in order to end violence against women, not only in Ireland but also around the world. This, however, does not absolve the Government of its responsibility to provide emergency services for women who need them. Another requirement under the convention is education in schools. A host of educational changes is required.

It is quite incredible that the austerity agenda that has been pursued continually over the past six years has hit women and children in particular, making it more difficult for women to leave violent relationships and gain access to the help they need. On one day last November, there was a census of the services addressing violence against women. It was reported that, on that day alone, 537 women and 311 children were accommodated or in receipt of support. The Minister will have to agree there is a need for massive change in respect of what the Government gives to combat violence against women. It must ratify the convention immediately.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I agree with the Deputy that there is no room for complacency on the issue of violence against women. Some years ago, people might have felt this was less of a problem but evidence suggests it remains a very serious issue, very often associated with drug and alcohol use. Tackling the alcohol issue is necessary, therefore. This morning we saw a very disturbing report on Irish patterns of alcohol consumption. This House must take that report extremely seriously in so far as legislation is a factor.

According to the recently published Council of Europe analytical study of the results of monitoring the recommendations in regard to domestic violence and violence against women generally, Ireland is only one of nine member states where the ratio of shelter beds relative to population is higher than 1 per 10,000, that being the recommended rate. Ireland has 1.29 shelter beds per 10,000 population.

I make that point in terms of our own particular responses but, clearly, countries vary enormously in terms of how seriously they deal with this issue. I want to assure the Deputy I will deal with it with the utmost seriousness and, whatever legislation is needed, I intend to prioritise it.

4:15 pm

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I very much welcome the fact the Minister has prioritised this matter. The Joint Committee on Justice, Defence and Equality recently held hearings in regard to reviewing the domestic and sexual violence laws. Deputy Anne Ferris and myself are the rapporteurs and we hope to have the report completed before the Dáil goes into recess and to make it available to the Department. This matter was raised by a number of contributors to the hearings, who felt it was imperative that the convention be ratified at the earliest possible opportunity. I join with Deputy Coppinger in urging that this be the case. I welcome the fact the Minister has made a priority of it.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I welcome that work and the committee's report, which I look forward to receiving. I take this opportunity to thank the committee for the focus it has put on this area. It is extremely important that it should be the focus of discussion and debate in this House.