Jan O'Sullivan (Limerick City, Labour)
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37. To ask the Minister for Children and Youth Affairs if she has had discussions with the Minister for Justice and Equality on the drafting of the domestic violence Bill, which is due to be published soon, to address the dangers to children of domestic violence and the way in which they might be protected through this legislation; and if she will make a statement on the matter. [39975/16]

Jan O'Sullivan (Limerick City, Labour)
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This question relates to the proposed domestic violence Bill and how it will address the dangers to children in such cases. The concern is that the drafting of this legislation should proceed as quickly as possible.

Katherine Zappone (Dublin South West, Independent)
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I am in the process of providing observations on the domestic violence Bill, which was recently circulated to Departments by the Tánaiste and Minister for Justice and Equality for comment. I welcome the expansion of the existing provisions of domestic violence legislation. The Bill will have legal, operational and potential resource implications for Tusla, which is committed to all measures which protect children from abuse.

As Minister for Children and Youth Affairs, I am acutely aware of the prevalence of domestic violence and its impact on children and young people. The need for updated legislation in the area of domestic violence was highlighted most recently in the Barnardos report entitled, What’s the Harm? - A child centred response to domestic violence, published his month. The report notes that children are often the unseen but common victims of domestic violence.

It is crucial that we take all necessary measures to ensure that we have appropriate safeguards in place to protect our children from such abuse. A prevention and early intervention approach, rather than a crisis intervention approach, to child protection is at the core of our efforts.

Also, the Children First Act 2015 represents an important addition to the child welfare and protection system, as it will help to ensure that child protection concerns are brought to the attention of Tusla, the Child and Family Agency, without delay.

The Act, when fully commenced at the end of 2017, will impose a statutory obligation on mandated persons to report concerns of harm over a defined threshold to Tusla without delay, and in a specified format.

The Act also places obligations on providers of relevant services to children, including domestic violence shelters, to keep children safe from harm while availing of their services. It will also oblige them to carry out risk assessments and prepare publicly-available child safeguarding statements, which set out the policies and procedures which the organisation has in place to mitigate the risks identified.

Tusla has statutory responsibility for the provision of care and protection for victims of domestic, sexual and gender-based violence under the Child and Family Agency Act 2013. I have provided Tusla with additional resources to fulfil this.

Jan O'Sullivan (Limerick City, Labour)
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I also commend Barnardos on the work it has done in this area. Unfortunately, in cases of domestic violence, the child often witnesses, even experiences, horrific situations with the very people the child loves and expects to be loved by. The damage to a child in such cases can be serious. We all want to see the legislation introduced as soon as possible.

The Minister said she expects the legislation to be enacted by the end of 2017. Will she clarify the timelines involved?

Katherine Zappone (Dublin South West, Independent)
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The Children First Act 2015 will be fully commenced by 2017. Like the Deputy, I have spent time over the years in the shelters and centres dealing with domestic abuse for which Tusla is responsible. I am aware of the trauma experienced in such cases.

This matter is a high priority for me. Each year, I provide a performance statement to Tusla to identify my priorities. One of these is domestic, sexual and gender-based violence. Existing research published by Tusla indicates that only one in ten of those who need access to domestic, sexual and gender-based violence services is accessing them. These services have an important role in protecting those subjected to family and intimate violence, as well as providing resources for those impacted by sexual violence, to vindicate their right to health and advance their social inclusion. Tusla takes this role seriously. The decision to establish a national unit for domestic, sexual and gender-based violence was forward looking. It brings together services for forms of violence that are often interlinked and inclusive of, as the Deputy pointed out, the child and the adults.

Jan O'Sullivan (Limerick City, Labour)
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We want to see the Bill published and enacted as soon as possible because of the vulnerability of children in this situation.

Katherine Zappone (Dublin South West, Independent)
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The heads of the Bill have been circulated and observations on them have been requested. I am keen to see the Bill provide for a court to hear the views of children in cases where orders are sought on their behalf and to appoint an expert to ascertain and convey the views of the child in appropriate cases, as well as the creation of a new criminal offence of forced marriage. I agree with the Deputy on the necessity to move the legislation along as quickly as possible.