Sheila Terry (Fine Gael)

I welcome the Minister of State to this important debate, which is long overdue. Domestic violence is a matter that concerns me greatly. Violence in any form against women is a reprehensible act. It is a hidden crime — we do not read about it in the newspapers or hear about it on television that much — but, sadly, we all know it happens far too often. The 2002 statistics reveal an average of 22 incidents of domestic violence every day, which is frightening. Many victims of domestic violence feel helpless and are unable, for their own reasons, to report those crimes. They suffer silently, day in day out. Many voluntary groups such as women's refuges, outreach programmes and Women's Aid work tirelessly in reaching out to the victims of domestic violence and the Minister of State recognised their wonderful work. They need more State support to carry out that work.

Women are the primary victims of domestic violence, although it is not exclusively a women's issue. Domestic violence touches the lives of a small percentage of men also, who were affected by 9% of incidents in 2002, and it is important to be mindful of that aspect. Nevertheless, this is primarily but not exclusively a women's issue.

Sadly, all too many children have been traumatised by and experienced the revulsion of domestic violence. A recent campaign on television highlighted the lasting impact incidents such as this can have on children, capturing that impact very well in the phrase "Every childhood lasts a lifetime". It is clear that domestic violence is an issue that can touch the lives of women, men and children in a lasting and damaging way.

The most recent Garda annual report reveals that fewer than one in ten incidents of domestic violence resulted in a conviction in 2002. There were 651 convictions for domestic violence in 2002 compared to 1,286 in 2001. That is a drop of 49%, with the level of convictions being halved despite a rise in the number of reported incidents, up from 9,983 in 2001 to 10,248 in 2002. Is the incidence of domestic violence in terminal decline or is it more likely that it is as prevalent as before but is not being reported? Irish crime statistics make up only half the picture, with a high level of unreported crime appearing to have become the norm. A conviction rate of one in ten will do nothing to encourage vulnerable women to report these crimes. If women do not see it as being worth their while to take cases to court, why should they put themselves through the trauma of a court case?

The Minister for Justice, Equality and Law Reform has told us that he wants gardaí to be equipped with video cameras to film people coming out of pubs drunk. He would be doing society a much greater service if he were to equip the gardaí with cameras to take to the scene of domestic violence crimes, as is the case in England. This would enable them to record injuries and gather evidence at that early stage. Very often women who report domestic violence crimes subsequently withdraw their statements under pressure from the offenders. Some studies have put the level of retraction as high as 46%. The use of cameras would mean that even where the complainant retracts a statement, the prosecution would have substantial evidence with which to proceed.

Domestic violence is a sensitive and difficult issue that needs to be treated in a very particular way and, by and large, the handling of domestic violence cases by the Judiciary is excellent. The Judicial Studies Institute was established by the Chief Justice as a body to train the Judiciary. However, it is only a starting point. What is needed is formal structured training on specific issues, such as domestic violence, and the Judicial Studies Institute does not appear to be fulfilling this need in its current form. If judges were given specialised training in domestic violence and the issues associated with it, they would have a greater understanding of the context, victim's fears and of the necessary penalty or rehabilitation suitable for the offender. All professionals in the area would benefit from the provision of specialised training and I hope the Minister will take this point on board.

The legal aid system has done a great service for many people. Its staff deserve credit for their commitment. However, to a great extent, their hands are tied by the Department of Finance which holds the purse strings. Within the legal aid system, domestic violence cases are given a certain level of priority. The allocation of priority is an effective remedy where few require it — but there are so many domestic violence cases that the allocation of priority has become meaningless. Legal aid sources admit off the record that the system is in chaos. The present state of the legal aid system epitomises the attitude of the Government to the vulnerable in society. The Progressive Democrats drive behind the Government does not care about the needy and vulnerable and makes no apologies for that.

We must do all we can to ensure that the needs of women, who are already in a vulnerable position because of poverty, disability, immigration status and ethnicity, can have confidence in the system that will help them escape situations of domestic violence. We must do all we can to ensure that women do not suffer at the hands of offenders and that crimes are reported at the first opportunity.

The private practitioners scheme, established by the Legal Aid Board in 1993, was a model of efficiency and provided a great deal of help to victims of domestic violence. It comprised a panel of 30 private solicitors who were available to the victims of domestic violence. However, as with all matters beneficial to the public, the Government terminated the service in November 2003.

The growing waiting lists for legal aid are a cause for concern. In Dublin, for example, the waiting time in the North Brunswick Street branch is eight months, it is seven months in Finglas and almost 12 months in Gardiner Street. This is in stark contrast to the position in regard to criminal legal aid, where no such delays exist; in such cases legal aid is available immediately.

The delays victims of domestic violence experience in procuring legal aid is far more serious than simply a matter of inconvenience. The unavailability of legal aid puts the safety of women at risk. When cases come before the courts, women are often forced to ask judges to adjourn cases until a solicitor becomes available or, in more desperate situations, the victim may have no option but to represent herself.

Access to justice is a fundamental right and, as such, is enshrined in Article 40 of the Constitution. It is also a central feature of the European Convention on Human Rights that was incorporated into Irish law last December. It is clear that citizens are being denied fundamental rights and that it will take a court challenge before the Government will discharge its obligations in this regard. This gives rise to serious concerns and leads one to question the Government's commitment to dealing with the issue. I call on the Government to reinstate the private practitioners scheme as a matter of urgency.

The contribution of voluntary organisations, which are on the front line in reaching out to victims of domestic violence, cannot be overstated. However, if they are to be in a position to continue to fulfil this vital role, the least they need is adequate funding. Funding for Women's Aid remains at the 2002 level, despite a 12% increase in calls received. Taking inflationary factors into account, this marks an actual decrease in funding, year on year. The picture is a bleak one to which the Government needs to wake up.

Custody and access rights to children are inextricably linked to domestic violence. Women's Aid published a detailed and comprehensive report on this matter last December and the Minister's time would be well spent in reading it. The Minister of State, Deputy O'Dea, acknowledged receipt of the report and said he would take it into account in bringing forward legislation on the matter. I hope the Minister brings forward such a Bill as quickly as possible. Actions speak louder than words.

The report found that women and children are victimised by abusive men who use their court-conferred access rights to inflict more hurt and pain. We need to look at the issue of domestic violence in the context of access and custody rights. Evidence also suggests that men who are violent in the home are rarely denied access to their children, even where barring orders have been issued against them.

Among other issues, the report highlighted areas where the system is deficient. For example, no link exists between the criminal and civil system in determining custody and access in the context of domestic violence. The probation and welfare system is not consulted. A basic exchange of information is lacking. A multi-dimensional approach is required on domestic violence in order that associated issues can also be taken into account.

The report calls on the Minister to establish a legal working group to examine the issue of child custody and access, specifically in the context of domestic violence. I support this call and urge the Minister to give a commitment to the House that he will implement this recommendation.

If we are to tackle the incidence of domestic violence, it is imperative that we have the full picture. It is not good enough to merely be concerned about reported cases. We must delve deeper and examine the reasons cases go unreported. One reason is the inadequate remedies and protections available to women and the courts have a role to play in this regard. Only one in ten cases results in a conviction. What kind of signal does this send to the victims of domestic violence? The abuser has a 90% chance of getting off scot free.

A leading expert in family law matters, Michael Freeman, once described the remedies available for domestic violence as being "of little more value than sticking plaster is to a broken leg". That adage is equally applicable in Ireland today. The Government has not developed any reasoned plan for stemming the incidence of domestic violence, nor does it have a coherent plan for dealing effectively with its consequences. No attempt has been made to tackle the causes of domestic violence. The Government's approach to dealing with this issue has been purely reactionary. Tackling the symptoms is just a sticking plaster approach. We need to delve deeper and deal with the roots of the problem.

In highlighting the need to tackle the causes of domestic violence, I acknowledge the heavy reliance we, as a society, place on our legal system. The enactment of the Domestic Violence Act 1996 went a long way towards improving the protections available for victims of domestic violence. However, the Minister has two recent reports available to him which highlight the need for the law to be improved. Under present legislation, remedies are only available to particular parties. A couple with a child who do not reside together are not eligible for protection. This is just one example of the flaws in the existing system. In December 2002, the Minister of State, Deputy O'Dea, gave a commitment to the Dáil that he would bring forward a family law reform Bill within a year. I ask the Minister of State to live by this promise and not break it again.