Seanad debates

Tuesday, 30 March 2010

Domestic Violence: Statements.

 

4:00 am

Photo of Fiona O'MalleyFiona O'Malley (Independent)

I warmly welcome the Minister of State. Like most other speakers, I have faith in her and welcome her appointment. She has raised our expectations but I have no doubt that she will fulfil them. I hope she will enjoy the next two years and look forward to the legacy she will leave after that period. Her track record shows that she is a woman who wants to achieve things in the areas about which she is concerned. The equality agenda is safe in her hands. I welcome her appointment in that regard.

I also pay tribute to Senator McDonald who through her persistence finally succeeded in having this matter raised on the floor of the House. Her contribution showed why she has been agitating to have it debated. Senator Bacik is also dealing with the legal position and knows what is happening daily in the lives of those suffering as a result of legal shortcomings. Their contributions were particularly valuable. They have provided a great understanding of the small measures by which improvements can be made. Senator Corrigan has asked what we can achieve. We are all united in seeking to ensure something positive will happen as a result of this debate.

President McAleese has invited groups tackling domestic violence to Áras an Uachtaráin, which indicates her strong commitment in this regard. It is an issue about which she cares and which will no longer be swept under the carpet. Those who have to suffer domestic violence must be encouraged to speak up and let their voices be heard. As everybody has said, we have no real idea of the level or extent of the violence. I refer to violence in the traditional manner, that is, in terms of physical abuse, but there is also emotional violence, which is just as damaging, especially for children who grow up in a violent atmosphere. This is shocking to think about. One's home is a refuge, a place to return to after a hard day or even a holiday, a place to be settled and be one's self. In circumstances in which there is domestic violence, that home is ravaged by abuse - whoever it is perpetrated by and whoever is the victim - and the resulting loss of a sense of safety shatters the core of one's person. That is why people are reluctant to speak out about domestic abuse.

Senator McDonald alluded to traditional values, while Senator Corrigan spoke about the need for the community to take ownership of this issue. Traditionally, what happened inside a house stayed inside a house; those outside ignored it. It is one of the great privileges of being a public representative that when one canvasses one sees what goes on behind people's doors. It is extraordinary to see this and to appreciate the way in which people open up to one about what goes on in their houses. It can be the beginning of a cry for help. If the word has gone out and people have heard this is an issue we take seriously and that it is vital for people to speak openly about it, they may feel they can speak, as a first step, to a public representative, who will then encourage them to contact someone for help and not to put up with abuse. That is why the President, in particular, has done society a tremendous service by highlighting this issue. This is something we should try to keep on the agenda in the Seanad. We need to give as much encouragement as possible to people who are suffering from abuse to take these first steps.

I noted in the Women's Aid report the mention of the fact that many people who call the organisation hang up immediately when the call is answered. The person answering the call knows this is somebody trying to reach out. He or she has taken the first step but still cannot articulate his or her anger. It is difficult to be intimately involved with someone who abuses one. How can one reach out to try to solve the problem? One wants it to stop, but may not want the consequences, which can include the break-up of a family. The issue needs to be discussed more openly in order that people will feel they have the courage to take these first steps and obtain advice. Particularly for the perpetrator of the violence, it is important to discuss what is causing it. A dialogue about trying to change behaviour can be entered into in order that the abuse can, I hope, cease.

There is a very good advertisement about domestic abuse on television, although I do not know whether it is being broadcast on Irish television or some other channel. It is particularly good because it portrays two young people dealing with the eruption of violence. The fellow wants to have intimacy with the girl but she is not having it, and he completely turns on her. It is extraordinary how quickly it happens. The advertisement is effective because one could imagine it representing a teenager anywhere who wants to belong and does not want to be tagged with some kind of phrase because she refused to allow a boy to have his way with her.

In the advertisement, the young girl refuses to put up with this treatment. It is a particularly strong advertisement; I do not know whether Senators have seen it. It is really powerful in teaching young people they do not have to put up with violence. That is where we must start. If we teach children in school that they do not ever have to put up with abuse or violence from anybody and give them a sense of dignity and self-respect, we will change behaviour. That is why I found the advertisement to be such a strong message, and its propagation through the broadcast media is terribly effective. For youngsters, it does not portray domestic violence as something that happens to people of their parents' age but possibly to themselves. It is a very good message.

Senator McDonald also mentioned the shortcomings in the law, which we really need to think about, and the question of cohabitation as dealt with in the Civil Partnership Bill. Why must a person be cohabiting with somebody for domestic abuse to occur? One need only be in an intimate relationship. The rights of the victim should not be subjugated just because both people do not live behind the same door. There is greater freedom if one lives independently, but we know what often happens in circumstances of domestic violence. Even when partnerships break up, one party can be subjected to terrible cruelty and violence. I agree that we are complicating things by introducing the issue of cohabitation rules.

As Senator McDonald said, the conviction rates speak for themselves. Our legal framework is not functioning properly and is not delivering what we need it to deliver, namely, security, refuge and a sense of justice. We need to consider this. The issue of the cohabitation rule indicates a simple way in which we can streamline the legal process. In so many cases of domestic violence, as Senator Bacik mentioned, people do not want the perpetrators to go to prison but they do want the violence to stop. We must recognise their need to be safe from their abusers, and deliver this. Convictions are one thing - in any case, prosecutions take a long time to go through the courts system and can be terribly costly - but we need to provide solace and comfort to victims of violence.

Senator Bacik raised an interesting point about patterns of behaviour, and there is no better woman to think of a way for us to overcome this challenge. I have always thought that sexual violence is different from regular crimes because it is an utter and total violation of one's person. A person who has been raped does not want to go through a moment by moment re-enactment of what happened in court. We need to recognise this. The burden of proof should not be quite so high in cases of sexual violence. In cases of rape or similar, it is almost the case that the burden of proof rests with the victims - they must prove they were raped. That is a terrible thing to do to somebody who has been subjected to such violence. I am not sure how we can deal with this. As Senator Bacik said, our legal system does not allow the admission of patterns of behaviour; it must consider cases on an individual basis. That is not very satisfying in terms of elucidating the type of person involved.

The Council of Europe has stated that domestic violence is the major cause of death and disability for women aged between 16 and 44 in Europe, which exceeds the corresponding statistics for traffic accidents or cancer. This is shocking, especially as these women are quite young. Domestic violence has a highly detrimental effect on our society and we must tackle it properly. I welcome the appointment of the Minister of State, with her obvious interest in this area. Amendments will be necessary to some Acts. Like many others, I hope we can organise streamlined legislation that will facilitate and achieve greater levels of conviction of perpetrators of sexual and domestic violence in order that victims will see the point of bringing forward a case.

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