Willie O'Dea (Limerick East, Fianna Fail)

I thank Senators for raising this matter and giving me the opportunity to update the House on what is happening on this important issue.

Most Members of the House will be aware that domestic violence is a serious problem and a complex social issue. Most Senators will also be aware that this is not confined to our country, but is a feature of most societies. There are many definitions of domestic violence, but it has been best described as an expression of power and control in a relationship. Anybody who knows anything about it will tell one that it is systematic and aimed at achieving compliance by domination of the other partner in the relationship, mainly through fear and diminished self-esteem.

Senators will be all too well aware that domestic violence is not an isolated or sporadic event. It happens all around the country. It affects people of all ages, all social classes and is present in urban and rural communities. Domestic violence can take many forms. It can involve not only physical abuse but other forms of abuse, including emotional abuse, sexual abuse, isolation from family and friends, control over access to money and threats to others, including children.

We know that a large number of the victims require medical treatment as a result of domestic violence. We also know that some victims of domestic violence die. We can say with some certainty and great regret that most of those affected by domestic violence will suffer from its effects for the rest of their lives. It is important for us to remember that domestic violence is a crime. It must be seen by society as such and be treated by us all as a criminal matter.

International experience tells us that one in five women experience violence in an intimate relationship at some stage of their lives. The position in Ireland is no different. The recently published Garda statistics for 2002 show that 10,248 incidents of domestic violence were reported to the Garda Síochána in that year. In addition to this, I am aware that the various non-governmental organisations working to help victims of domestic violence also receive a large number of calls for help. While I recognise that men can also be victims of domestic violence, Garda statistics show that in 92% of the cases reported in 2002, the victim was female.

It is a sad reflection on our society that some women live in fear of violent attack on a daily basis. The fact that this violence occurs in a family home, a place which should offer security and love, makes the crime even more devastating for the victim. We must recognise this fact and not think that because the perpetrator and the victim live together, this should be considered a mitigating factor. In my view, the opposite should be the case.

It is also a sad fact that many people know of women who are living with this fear, yet they choose to turn a blind eye and treat it as a private matter. However, domestic violence is not a private matter. It is a matter which should be of concern to all members of society and one which everyone can play a role in bringing to an end. The secrecy that surrounds domestic violence only allows it to continue. We all have a responsibility to stop it. Anybody who has had any experience of domestic violence will tell one of the horror and anguish it causes. As a society, we must do all we can to help the victims of domestic violence and to ensure their safety. Awareness raising is one of the keys to achieving this aim.

It is clear that we in Government, public representatives and those working in the public service have a primary responsibility to take action in regard to domestic violence. The Government, for its part, has established a national steering committee on violence against women. Senators will be aware that I act as chairperson of that national steering committee. The aim of the committee is to foster inter-agency co-operation, raise awareness about the issue, conduct research into the various aspects of violence against women and follow up on progress on the recommendations made in the report of the task force on violence against women. All relevant Departments, statutory agencies, voluntary bodies and the Garda are represented on this committee. Eight regional committees on violence against women, one in each health board area, have also been established.

A number of Departments have responsibilities in regard to the issue of domestic violence. The Department of Health and Children is responsible for the provision of care services to victims of violence, including domestic violence, rape and sexual assault, through the health boards. In the main, these services are provided by non-governmental organisations such as Women's Aid, Rape Crisis Centres, women's refuges, etc, who receive funding in this regard from the Department of Health and Children.

It is important that the non-governmental organisations working to provide services to women experiencing violence are adequately funded. I can inform the House that the funding for this purpose has increased dramatically from €3.8 million in 1997 to approximately €12 million in 2004. It is my intention to discuss the issue of funding with the Minister for Health and Children again prior to the finalisation of next year's Estimates campaign.

The Department of the Environment, Heritage and Local Government assists in the provision of crisis accommodation. This includes refuge accommodation for people who are forced to leave their homes as a result of domestic violence. The Department of Education and Science is responsible for educating our children in regard to this issue in the schools. The Department of Community, Rural and Gaeltacht Affairs funds community development programmes and grant aids local groups dealing with this issue.

The Department of Justice, Equality and Law Reform and its associated agencies have a number of important roles to play in regard to domestic violence. One of these roles is the enactment of legislation. It is well known that we have strong legislation on domestic violence. It is regarded as among the best in Europe, but we must not be complacent.

As the House will be aware, the main area of legislation in this regard is the Domestic Violence Act 1996. This legislation offers a number of civil remedies to victims of domestic violence in terms of safety orders, protection orders and barring orders. Breaches of any orders granted by the courts are defined as criminal offences. An important factor is that the use of violence, for whatever purpose, is also a criminal offence.

The House will also be aware that the lack of reporting of trends in family law cases has led to a lack of public information about these issues. I am pleased to say that legislation to amend the in camera rule will be included in the Civil Liability and Courts Bill which is due to be published in the next week or so. An essential feature of the proposal will be to allow for the preparation and publication of reports and decisions in proceedings in family law cases while protecting the identity of the parties or any child to whom the proceedings relate. Other recommendations, including those made by non-governmental organisations working in the area of domestic violence, will be considered by my Department's civil law division as part of a review of family law.

The Garda Síochána has a written policy on domestic violence intervention. The policy is clear, unambiguous and non-gender specific. It dictates that any incidents of domestic violence reported to the Garda must be fully investigated. In responding to reported incidents of domestic violence, the Garda is in the front line and has an important role to play in deciding whether there is evidence that any crime has been committed.

Access to justice is also an important issue. In civil cases the Legal Aid Board offers legal aid and advice to people who satisfy the requirements of the Act. This includes people seeking protection from domestic violence by way of safety orders and barring orders. The board is conscious of the urgency of certain types of cases and operates a procedure whereby priority is accorded to certain categories of cases over others, including domestic violence. In these cases the application is dealt with immediately and not placed on a waiting list. I understand also that, in recent years, approximately 65% of the legal aid certificates issued involved domestic violence. I am also aware that there was confusion in regard to the operation of this priority system recently, but officials of my Department have received an assurance from the Legal Aid Board that the priority system for domestic violence remedies is still in operation.

Domestic violence offenders are dealt with through the criminal justice system and my Department also supports the establishment of programmes for perpetrators of domestic violence through the probation and welfare service. My Department also sponsors research into domestic violence and other forms of violence against women.

In terms of improving the lives and safety of victims, I believe that, where possible, prevention is always better than cure. This is why I was delighted that last year my Department was able to provide funding for the establishment of a domestic violence intervention project on a one year pilot basis in the Dún Laoghaire-Bray area. The project is based on similar domestic violence intervention projects in other jurisdictions which have proved very successful in reducing incidents of domestic violence and domestic murder. One aim of the intervention project is the increased accountability of perpetrators of domestic violence for the crimes they commit. It is important that any intervention is designed to protect the victim and bring the violence to an end. The project also aims, through the sharing of information between agencies dealing with the offender and the victim, to ensure the continuing safety of the victim and to measure the degree to which the offender is amending their use of violence in the relationship. The project should be a very useful source of information for the Judiciary in this regard. The Dún Laoghaire-Bray pilot project is currently being evaluated and we hope this evaluation will provide us with information about our success in this regard.

The Department is also looking at other programmes being run to deal with perpetrators and is evaluating their effectiveness. It is intended that this evaluation will underline best practice in this area and that improvements will follow this exercise. We can learn from the experience and response of other jurisdictions in their approach to combating domestic violence. For that reason my Department is represented on an intergovernmental group with England, Northern Ireland, Scotland and Wales which shares information and best practice on victim care and combating and preventing domestic violence.

Children have a right to live in safety and without fear. They have the right to a safe place to grow up, develop, learn and understand, which is what we all want for our children. Unfortunately, some children do not experience these basic rights and needs. International research has shown that in over 80% of domestic violence incidents, children are present, either in the same room or the next room. The impact of witnessing these crimes should not be underestimated. Children who witness violence in the home are seeing, hearing and learning about violence. They learn that the people they love most, and the people they should be able to trust, may hurt them. They learn that living in fear is a normal feeling and that violence is an acceptable method of resolving conflicts. It is important that children are taught that violence is not the answer and that living in fear is not normal. We have got to create an ethos where the perpetration of violent acts on women and children is no longer an acceptable practice in our society.

I acknowledge there is still work to be done to improve services for victims of domestic violence and there is also a need to continue raising awareness of the issue. As I said, this is one of the aims of the national steering committee and we will continue our work in that regard. The committee is also working on a number of other issues which should lead to an improvement in the situation for all victims. The committee is currently beginning the process of developing a strategic plan for the next five years which will identify and prioritise areas for action. The committee has also commissioned research and is identifying further areas of research that need to be undertaken.

Senators may be aware that the National Crime Council is also conducting a national study into domestic violence and I understand the findings of its study will be available in the summer. This research should provide us with very important information in relation to the prevalence of domestic violence in Ireland. The issue of violence against women is an important part of the Government's programme during Ireland's Presidency of the EU and my Department will be hosting a conference on violence against women at Dublin Castle in May. This conference will focus on all forms of domestic violence against women and will allow us to share our experiences with other EU member states.

I pay tribute to the many non-governmental organisations which have been providing services and support to victims of domestic violence over the years, mainly Women's Aid, the National Network of Refuges and Support Services and the National Women's Council of Ireland. Their work is greatly appreciated.