Dáil debates

Thursday, 16 May 2019

Ceisteanna - Questions - Priority Questions

Domestic Violence Policy

10:55 am

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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4. To ask the Tánaiste and Minister for Justice and Equality his views on the introduction of a court order against harassment (details supplied); and if he will make a statement on the matter. [21288/19]

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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There is increasing awareness of coercive control and its role in connection with violence against women and domestic violence, yet there is nothing to stop unwanted contact or to assist people breaking free from harassment or abusive relationships. Will the Minister listen to the experience of women such as Jessica Bowes who are asking for the introduction of no-contact orders, as have been introduced in other countries?

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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A couple of days ago, the Deputy published the Domestic Violence (No-contact order) (Amendment) Bill 2019. This Bill provides for a new no-contact order that would enable a court to prohibit the respondent from communicating with the applicant where the respondent has subjected the applicant to harassment. The Bill defines harassment as conduct that has occurred on at least two occasions that causes another person alarm or distress. It proposes that a person could apply for a no-contact order against any other person and to amend the Domestic Violence Act 2018 to provide for the new no-contact order.

I acknowledge the Deputy's strong role in respect of support for victims of domestic violence. I commend the courageous victims of abuse who have come forward to seek positive changes. In legislating to ratify the Istanbul Convention, we have recently introduced a wide range of legislative reforms.

In the first instance, as with every new legislative proposal, it will be necessary for the provisions of the Deputy's Bill to be carefully and thoroughly examined by my Department, in consultation with the Office of the Attorney General. As the Bill was published only a couple of days ago, the Deputy will appreciate that it has not yet been possible for this examination to be completed. The Government will give the Bill full consideration before Second Stage and I look forward to an extensive and constructive debate on its provisions on that Stage.

In addition, I believe the Oireachtas committee scrutiny process will be of great value as it will provide an opportunity for detailed examination of the Bill's provisions before Committee Stage and for the committee to hear the views of relevant experts in the area. In view of the wide scope of this Bill, which encompasses not only its main focus of domestic violence but could also, because of its broad terms, apply to behaviour such as disputes between neighbours or online disagreements, I believe it would be useful for the committee to consult experts in the area. There are many stakeholders in that regard and I am in regular contact with many of those groups.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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On the technicalities of this, the Minister will be aware that as a small party Solidarity has little Private Members' time to progress Bills. Will he consider amending the Domestic Violence Act and conduct an inquiry into this? I will outline some research from Scotland where non-harassment orders, on which we based the Bill, have been introduced. It is a very similar jurisdiction and has a similar culture. Before introducing the non-harassment orders, a study was conducted that involved interviews with the police and many people involved in the area. Male ex-partners were found to be the largest group of people who could not accept the end of a relationship. The Minister spent a large amount of money telling people what they should do if they see violence, but there is nothing to help women - obviously there can be male victims but I am referring to the majority - if they are trying to get away from somebody who is not willing to accept "No" for an answer. In the study the sheriff said: "... the isolated incidents which have led up to the non-harassment order may not actually be criminal offences. It's the cumulative effect ... it is very concerning that somebody can keep on texting ...". Another person said: "These men will quite often pose a serious threat to women." We have seen cases recently where women have been severely beaten and killed. We want to prevent that happening and give people a means of escape.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I agree with the sentiment expressed by the Deputy, but it appears that the Deputy publishes a Bill on Tuesday and wants it enacted by Friday.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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Not Friday. I am just asking the Minister to consider it. There is no need for exaggeration.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Deputy is aware that there is a Dáil and Seanad process and I ask her to acknowledge the existence of that process in her utterances in the Chamber and outside.

I remind her of the Domestic Violence Act 2018 which has been fully operational since 1 January last. It improves the protections available to victims of domestic violence under both the civil and criminal law. In particular, section 6 of the Act enables a person to apply for a safety order to prohibit the respondent from using or threatening to use violence against the applicant, putting the applicant in fear, watching or besetting a place where the applicant resides, following the applicant or communicating with the applicant, including by electronic means. The Act extended eligibility for safety orders to applicants who were in an intimate relationship with the respondent prior to the application but who were not cohabiting.

There are protections under that Act. I will be happy to look at the details of the Deputy's Bill but I again ask her to acknowledge that there is a process in which we must engage to ensure that what we do is operationally sound.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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This issue has been raised previously and is not new to the Minister. I am not expecting anything by Friday but asking the Minister to seriously consider it. There is a problem with existing legislation. One can impose no contact if somebody gets a barring order but this is about a person who may not have been in an intimate relationship with the other person. The person might have just started the process. That person cannot get a barring order. In addition, as Jessica Bowes pointed out on "Prime Time", receiving bunches of flowers and declarations of undying love cannot be reported to a garda as breaching the barring order. Ms Bowes had a barring order in place. The contact increases, then it becomes more menacing and there is a cumulative effect, as I mentioned.

I disagree with the Minister. The Dáil has been balefully slow in responding to this issue. There have been huge protests. There is the global #MeToo movement, there were the #IBelieveHer" marches in Dublin last year and the "This is not consent" protest with regard to a thong. What have we changed since then? There will be a second Sexual Abuse and Violence in Ireland, SAVI, study, which the Minister should have agreed to sooner and which will take five years to complete. The measure I have proposed could be enacted quickly. I ask the Minister to meet women who have experienced this behaviour and to have the Department examine my proposal.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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This Government is committed to continuing its work in providing protections to victims of domestic and sexual violence and holding perpetrators to account. I will approach the Bill published a few days ago by Deputy Coppinger with that commitment firmly in mind.