Mary Henry (Independent)

I welcome the Minister of State, Deputy O'Dea, and I am glad that he recognises the work being done by Women's Aid, the National Network of Refuges and the National Women's Council for women who experience domestic violence. I welcome the presence of members of some of these organisations in the Visitors Gallery. I thank Women's Aid for the excellent briefing document for this debate.

I am particularly pleased that the Minister will introduce the Civil Liability and Courts Bill within the week. I ask the Minister to present it in this House and the same Members will deal with it in no time. This is a most important Bill. For far too long, the public, and indeed all of us, have not understood the seriousness of the cases that come before the family law courts. Such cases are held in camera and the previous Attorney General interpreted the in camera rule very strictly. The barrister who had been appointed to report on the family law courts was unable to do so. It is essential that this legislation is debated in the House as rapidly as possible so that, with the permission of the family and on an anonymous basis, we can get some idea of the seriousness of the cases that come before the family courts. I look forward to that legislation being published next week. Senator Terry referred to the Minister's statement in the Dáil in December 2002 that a Domestic Violence Bill would be published within a year. It is a little more than a year so perhaps that very important Bill could be introduced in the Seanad.

There is a better understanding among the Judiciary of family disputes and the serious effects of violence, physically, mentally and emotionally on women and on children, as Senator Kett pointed out so effectively. The days are gone when a judge advised a man who had been beating his wife to go out with her to dinner and, after a couple of good steaks, a bottle of wine and a few roses, it would all be settled. What an innocent sort of life the man was leading. The courts have a much better idea of life as it is lived. On the other hand, the District Court badly needs resources for back-up staff for the Judiciary. What has happened since the members of the probationary and welfare service withdrew from the family law courts due to the fact they had so much work in other areas? Judges do not have the benefit of reports from them and we are also aware of the shortage of clinical psychologists as matters stand.

Judges have to operate in a most appalling vacuum without a proper idea of the problems in these cases, aside from concern about the solutions. For example, refuges are packed all the time, so we desperately need more temporary accommodation around the country. County councils and corporations do not seem to have a policy on what they should do with people who have to leave their homes. Once a person is homeless, she is supposed to be rehoused. This appears to be a particularly serious problem for women from rural areas. When women who have been seriously injured are asked why they did not leave their homes, the answer in the majority of cases is that they had nowhere to go. They are frequently financially dependent on the person beating or abusing them.

At present there is a campaign that violence is gender neutral and that violence against men by women is as prevalent as violence against women by men. I think that is not true and this is borne out in international surveys. The larger person is in a better position and usually the man is bigger than the woman. We must take account of the fact that not only male-female violence exists but that the elderly and people who are vulnerable because of mental or physical weakness experience considerable violence. These people should not be forgotten. My colleague, Dr. Margo Wrigley, wrote about violence against the elderly, particularly if they had a psychiatric illness such as Alzheimer's disease. It can be very difficult dealing with such people and carers may become abusive.

It is extraordinary to read reports in British newspapers about the suggestion that Professor Stephen Hawking's wife has been abusing him for many years. As Members will know, the distinguished physicist has suffered from motor neurone disease for approximately 40 years. He has been admitted repeatedly to hospital with injuries as serious as a broken wrist, yet he persists in saying that he is not being injured by anyone, despite the fact that his nurses and other carers have stated that he is. It is a very difficult situation when a person who is frequently being abused denies it because of his or her dependence on the abuser.

The involvement of the Garda Síochána in dealing with such cases has already been mentioned and it is a difficult situation for its members. As Senator Terry pointed out, the gardaí frequently take statements arising from a dramatic incident in a house. I like the Senator's suggestion that the Garda should have cameras for such work but such evidence might not be admissible in court. The Danish equivalent of our health boards can act in cases where they believe a serious issue has arisen. Perhaps we should consider doing that in the same way as when we consider that children are being sexually abused.

In 1996, when the House debated the Domestic Violence Bill, I suggested the creation of a Garda surveillance team to supervise people who had engaged in domestic violence, if the woman involved was not going to press charges. It would have operated somewhat like the juvenile liaison scheme but I gather that the Garda Síochána was not too enthusiastic about the idea and felt it should be done by the probation and welfare service. We have an extraordinarily limited number of people working in the probation service who could become involved in such a scheme. However, there should be some method of surveillance. The juvenile liaison scheme has worked very well and I wish something similar could happen with regard to domestic violence, even if it has to be done through the probation service, which should be expanded.

The Minister did not mention the role of the medical profession, as well as nurses and social workers, which is important in these situations. Surveys have been carried out in accident and emergency units and in general practice, which show that a considerable number of women report with injuries but do not admit they were due to domestic violence. Some years ago, for example, Dr. Cheasty did a survey in the accident and emergency unit in James Connolly Memorial Hospital, Blanchardstown. The survey found that women who presented with injuries the hospital staff felt might be due to domestic violence, were more likely to admit who had inflicted their injuries if they could discuss the matter privately with a female doctor or nurse. It was worrying that some women who had serious injuries had waited as long as a week before coming to the accident and emergency department. Those responsible for inflicting the injuries were not always husbands or partners, but sons also. Age, class and pregnancy did not seem to be deterrents.

The late Dr. Fiona Bradley, together with her colleagues Mary Smith, Jean Long, and Tom O'Dowd, professor of general medical practice in Trinity College, carried out a survey on the frequency of domestic violence in women attending general practice. They interviewed a total of 1,871 women. Of 1,692 of these women who had ever had a sexual relationship, 39% had experienced violent behaviour by a partner. Some 46% of the women had been injured, of whom 12% reported that their doctor had asked about domestic violence. Some 77% were in favour of routine inquiry into domestic violence by their usual general practitioner. Some 69% reported controlling behaviour by their partner, while 28% reported feeling afraid of their previous or current partners. The average age of the women was 36.6 years. Their injuries were sometimes quite serious: 22% had cuts or bruises to the face; 10% had cuts on the body; 30% had bruises on the body; 2% had burns on the body; 2% had a broken arm, leg or ribs; 3.6% had experienced a miscarriage; black eye 15%; lost or broken tooth 8%; sickness or vomiting 15%; bleeding on face, body or limbs 10%; broken jaw, nose or cheekbone 3%; and burst eardrums 2.5%. These are really serious injuries and they were the ones coming to general practice.

It is interesting that a high percentage of people felt doctors should ask how people had sustained their injuries. I am sure that if the Minister asked the Irish College of General Practitioners to make the treatment of victims of domestic violence a priority in its training programmes it would do so. The college already undertakes such training but its importance should be stressed by the Minister. He could also write to accident and emergency departments asking them to take note of our concerns about women not reporting the true reasons for their injuries.

The perpetrators of domestic violence must be considered, as well. The organisation, Men Overcoming Violence, is apparently doing very good work in trying to change people's attitude towards women, which is one of the main reasons some people feel they can beat up another human being. I was speaking on this issue at a meeting where there were some people in the audience from other countries, including refugees. A doctor who had lived in Afghanistan was sharing the platform with me. When a girl aged about 12 in the audience asked why men beat women, the Afghan doctor, who had just escaped from the Taliban, replied it was due to religion. It was a very depressing answer.

While there are different cultural attitudes, we should explain that no domestic violence can be tolerated here. This is the case even if women are considered by other members of their family not to be following, as strictly as they should, the religious and cultural practices of the country from which they have come. Extra protection may be needed in such cases.

I support all those who said that legal aid must be restored for cases involving domestic violence. Coming from Cork myself, I am delighted to see that a Cork woman has taken the initiative in this respect because she had been denied legal aid for so long in seeking financial assistance from her husband. She has now taken the case to the European Court of Human Rights.

I congratulate Women's Aid on its work and I hope the promised legislation will come before the House as rapidly as possible. I also hope extra finance will be given so that women's refuges will have the necessary resources.