Alex White (Dublin South, Labour) | Oireachtas source

I thank my party colleague Senators for bringing forward this motion and thank all Senator who have spoken, Fine Gael Senators, Taoiseach's nominees, Senator O'Donovan and Sinn Féin representatives.

I might comment briefly on the amendment but it was tabled in the spirit of a wide degree of agreement and support for the measures that are being taken. Senator Ó Clochartaigh said himself that Sinn Féin would prefer more to be done by the Government but we have said a lot in terms of the actions we are taking on this hugely important area.

Once again the Seanad has done a considerable service on this issue by placing it on the agenda and having such an informative and insightful debate. It is vital the issue of domestic violence is focused upon and debated publicly on a regular basis. By doing so we encourage those suffering from such abuse in its many forms to seek assistance. We also encourage those who are aware of others suffering abuse to help by seeking information. Most importantly, we must inform abusers, through these debates, that their behaviour is not to be tolerated by us as a society.

The motion notes the devastating consequences of domestic violence on the individual and on society, as well as noting and commending the work being undertaken to support those affected by such violence. The extent of the effect domestic violence has on society can be clearly seen from the number and range of State agencies involved in actions to address the issue. Six Government Departments, associated agencies and more than 50 non-governmental organisations are involved in work addressing domestic violence. The Government sector includes the Departments of Justice and Equality, Education and Skills, Health, Children and Youth Affairs, Social Protection and the Environment, Community and Local Government. The principal State agencies dealing with the problem are the Garda Síochána, the Courts Service and the Health Service Executive.

Since the establishment of Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, we now have a focus point to coordinate the State's response to this problem. Cosc is part of the crime directorate in the Department of Justice and Equality. With the participation of all the Departments and State agencies involved in this area, and with the co-operation and input of the non-State organisations providing services, it has developed a national strategy that addresses many aspects of the problem of domestic violence and sets out actions to prevent such violence. The strategy is the principal focus for the State's work on ending domestic violence. It overlaps with and cross references other national policies on elder abuse, child protection and homelessness.

Cosc sits on advisory and monitoring groups dealing with these issues. The national strategy on domestic, sexual and gender-based violence 2010-14 concentrates on a better inter-agency approach. Improving collaboration among services is essential to providing better protection for victims of this abuse. The objective is to reduce the occurrence of domestic violence and, ultimately, to end it. It was always recognised, however, that there would be an increase in the reporting of domestic violence if the strategy was effective in bringing this issue more into the public domain. By highlighting that domestic violence is not a private matter for families to deal with alone, reporting to the authorities and seeking support is strongly encouraged. Guidelines devised by Cosc on awareness raising aim to encourage a shift from a focus on activities relating only to the victim, vital as this is, to an inclusion of a focus on the perpetrator and bystander, while also ensuring information on support services continues to be made available to victims and survivors.

The national strategy has four high level goals. It aims to promote a culture of recognition and prevention through increased understanding of the behaviours associated with domestic violence, raising awareness of what constitutes domestic abuse, including the supports available in law, and personal support measures as one of the primary areas being addressed.

This approach includes the development and dissemination of information on service availability, better information between services and improving the availability of data on the problem. Cosc is working with national agencies to develop information across a wide range of educational establishments, including schools, universities, vocational education facilities and State services. For instance, I understand the Department of Education and Skills is finalising a module dealing with domestic violence to be given to junior cycle secondary students under the social, personal and health education, SPHE, programme to which a previous speaker alluded. This module is to be further developed for senior cycle students.

The national strategy also envisages the development of improved legislation in the area of domestic violence. The Government made a commitment in its legislative reform agenda to provide reformed and consolidated domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation in a way that provides protection to victims. Cosc is progressing preliminary work towards this commitment through consultation with State and non-State organisations, principally the national steering committee on violence against women and its legal issues sub­committee. The steering committee has a wide-ranging membership drawn from the relevant Departments and State agencies and principal civil society agencies. The national steering committee on violence against men also has an opportunity to make an input to the process. A bilateral meeting has also taken place with Women's Aid. The proposals for legislative reform will be progressed as soon as possible, having regard to the need for consultations and other legislative priorities.

In addition, the Law Reform Commission is considering, at the request of the Minister for Justice and Equality, a possible amendment to section 10 of the Non-fatal Offences against the Person Act 1997, which deals with harassment. This arises from reports of difficulties in bringing successful prosecutions for domestic violence under the section. The Law Reform Commission has indicated it expects to complete a discussion or consultation paper on its consideration of the provision in the first half of this year. The paper is also expected to address whether stalking should be provided for specifically in legislation.

The Minister for Justice and Equality has made important amendments to the Domestic Violence Acts 1996 and 2002 through the Civil Law (Miscellaneous Provisions) Act 2011. The first amendment allows for a parent to apply for a safety order against the other parent of his or her child, even where the parents do not live together or may never have lived together. This amendment ensures the protection of the law is available where access to a child is an occasion of intimidation or even violence between disputing parents. The Minister has been informed that this amendment has been very well received.

The second amendment extends the protections of the Acts to same-sex couples who have not registered a civil partnership on the same basis as had previously been available to unmarried opposite sex couples "living together as husband and wife". This amendment also removed from the provision a residency requirement that couples have lived together for at least six of the previous 12 months before an application for a safety order could be made.

Domestic violence legislation is contained in more than one main Act and, as with other legislation, amendments made to the Act are not automatically inserted in the published Act. This can make understanding of the protections more difficult for the person seeking those protections and those advising them. For this reason, it is important that the legislation be consolidated. The views of Senators will be welcomed, noted and acted upon in progressing this work.

During our Presidency of the European Union, Ireland has successfully negotiated an agreement with the European Parliament on the European protection order, a civil law measure which will ensure that victims of domestic violence and other forms of violence, harassment and intimidation can avail of national protections when they travel to other EU member states. This sends an important signal that domestic violence, harassment and intimidation are unacceptable throughout the European Union.

It is necessary to improve data on the occurrence of domestic violence and the outcomes for those affected by it, primarily women and their children. Again Cosc is facilitating work in this matter and the Government's reform agenda will also be of assistance. Appropriate reporting of general information from family lawin cameracases has a great potential to improve our knowledge base and provide valuable information on the operation of the law in this area.

The Courts Bill 2013, which was introduced in the Seanad in March last, will provide for the modification of thein camera rule, which prevents members of the public, including the news media, from being present in court when family law and child care proceedings are being heard. This proposal is in furtherance of the programme for Government commitment to reform and modernise aspects of family law. The Bill aims to provide for a careful balancing of the need for privacy for persons involved in family law and child care proceedings with the need to ensure access to important information on the operation of family and child care law in our courts.

Domestic violence is most often associated with spouses or partners. Violence by the male partner against the female partner is the more frequent occurrence, especially in more serious cases. There are also serious instances of women being violent against their male partners. Children are frequently caught in the middle of domestic violence and, as Senator van Turnhout noted, they sometimes become victims of violence. Physical violence is accompanied by psychological trauma when a child witnesses parents being violent against each other or one parent perpetrating violence against the other. This is an issue that often arises in the family courts in proceedings associated with separation and domestic violence.

As with all State and State funded services, our economic difficulties have undoubtedly had an effect on the level of services that can be provided. I note that many Senators' contributions focused on their concern about funding for services, which is perfectly understandable. Despite the current financial constraints, the Government has continued to provide substantial funding for services in this area.

The Health Service Executive is the primary funder of work in the area of domestic violence, providing the bulk of the funds for the operation of refuges and domestic violence support services. The agency allocated €13.89 million in 2012 to domestic violence refuges and support services, including the national network for such services, SAFE Ireland. I congratulate and thank SAFE Ireland for the commitment and dedication it shows in this area. I understand a national review of these services, which was carried out by the HSE, is due to be published shortly and will inform the future funding of these services.

A new child and family agency has taken on the role of the Health Service Executive in the area of domestic violence. Cosc liaises with the chief executive of the new body, Mr. Gordon Jeyes, and the national lead on domestic and sexual violence in the new agency. The child and family agency will come under the jurisdiction of the Minister for Children and Youth Affairs.

In addition, the Department of the Environment, Community and Local Government provides funding for the operation of accommodation and associated services for homeless persons, including victims of domestic violence. This funding is known as section 10 funding. Some 90% of costs arising in respect of homeless services are provided by the Department, with the remaining 10% provided from within local authority resources. This funding is drawn down by local authorities rather than paid out directly by the Department. In 2012, a sum of €2.47 million was provided under section 10 funding for domestic violence refuges and transitional housing. I am informed that total section 10 funding for all homeless accommodation increased substantially from €12.6 million in 1999 to approximately €50 million annually over the past decade. While there has been a reduction of approximately two thirds in overall Exchequer housing investment, the effective maintenance of section 10 funding has meant there has been no reduction in the provision of services.

Cosc currently funds a number of organisations to provide domestic violence perpetrator programmes, with a variety of court mandated and other programmes in existence. The perpetrator programmes are delivered through a combination of community and voluntary organisations and the Probation Service. A total of 13 programmes are operating and in 2012 Cosc allocated to them almost €625,000 or 93% of their total funding.

Cosc also operates an awareness raising grant scheme which provides funding for local awareness raising campaigns that increase understanding and recognition of domestic, sexual and gender based violence. Cosc supports collaboration between organisations in raising awareness as an effective communication tool in that it provides an opportunity to reach a wider target audience to reinforce a common message. In 2012, it provided grants totalling €241,820 to 59 successful applicants throughout the country. Applications for the grant scheme for 2013 closed last week and are now being assessed.I take on board the observations and appeals of Senators with regard to the ongoing requirement for funding in this area. The point was well made by colleagues from all sides.

I will briefly address the Istanbul convention. Ireland supports, in principle, the aims and terms of the Council of Europe convention on preventing and combating violence against women and domestic violence. The national strategy is in line with the Council of Europe approach to a multi-sectoral solution covering legislation, co-ordination of services, awareness raising at many levels and data collection.

The national strategy is in line with the Council of Europe approach to a multi-sectoral solution, covering legislation, co-ordination of services, awareness-raising at many levels and data collection.

I can confirm to Senators that we have, in our Presidency role, supported the signature and ratification of the convention at international level. However, there is an issue for Ireland which we have brought to the attention of the Council of Europe during the negotiation process. It presents a particular problem which is not theoretical but a genuine problem from a constitutional standpoint. It relates to the issue of emergency barring orders. Although signature to the convention imposes no obligations on the State to implement any of the provisions of the treaty, Ireland would normally only sign those treaties that are compatible with the Irish Constitution, whose provisions may therefore be implemented. The Minister favours an approach to the convention whereby Ireland would sign only when it is clear we are in a position to ratify it. The proposed consolidated and reformed domestic violence legislation to which I referred may be an appropriate vehicle for some of the legislative changes which may be necessary to enable Ireland to ratify the convention. The issue of signature of the convention will be submitted for decision of the Government once this process has been completed, and any issues resolved with the advice of the Attornev General. It is unlikely, however, that signature will be completed during the Presidency of the EU given the present legislative workload. Some 29 Council of Europe member states have signed the convention and four have ratified it. It has not yet entered into force as this requires at least ten member states to ratify.

As Senators will appreciate from my comments, the Government continues to give high importance to the work to address domestic violence. It forms an important part of the work of the crime directorate in the Department of Justice and Equality but also involves and requires the attention of Departments and agencies across the board, including the Department of Health where I have the privilege of being Minister of State. An aspect that occurred to me in the course of the debate, to which I am sure we will return as we have had some very good debates on it in the past, is the issue of alcohol and alcohol misuse. There is no doubt there is a proven and documented connection identified between alcohol misuse and domestic violence. I know I and the Government will have the support of Senators in regard to the measures that require to be,and will be taken, on foot of Government decisions in the coming weeks. One such is that a public health alcohol Bill will finally be introduced in these Houses that will address the major challenge and scourge, if I may so describe it, of alcohol misuse. There is certainly a connection between that agenda and the one Senators are discussing today.

I am not sure if there were any other specific issues to which I wished to refer. For the record, Senator Healy Eames raised an issue in respect of the Oireachtas health committee . I point out that neither I nor the Minister for Health has any involvement in regulating or otherwise determining the agenda of that body.