Michael D'Arcy (Fine Gael) | Oireachtas source

Some time ago I did some research into fathers' rights. While I was trying to put in place a structure to strengthen the rights of fathers I kept finding myself stuck in the same position. Unfortunately, if there was a history of abuse, strengthening and codifying the father's rights effectively meant ensuring there was an abuser in the life of a victim.

It got to the stage that I was not capable of advancing the father's rights because of that. I say this with the greatest respect for the Minister of State, who, I believe, would like to do something about this. However, not enough has been done on domestic violence. The abuse is mainly by males against females, while there is some abuse in the opposite direction. We need more analysis on where we should do more. I am glad that a group structure is in place under Cosc to advance that analysis.

However, we need most analysis in the area of the courts. I am told that some judges do not issue barring orders and because the courts operate in camerafor family law cases, it is very difficult to know if any analysis is being done. That analysis should be done on the basis of how many judges are dealing with these cases and how many issue the orders. I am told that some members of the Judiciary will only issue a barring order if the offence is at the very highest end of the scale. I am not trying to cross over the area of separation of powers. However, analysis needs to be done to see how the Judiciary is dealing with this. At the moment there is an information deficit. If some members of the Judiciary issue almost no barring orders, analysis needs to be carried out. We need to ask why some issue much larger numbers of barring orders than others. I do not have the information, although it may be available to the Department of Justice and Equality. However, if it is the case, the question needs to be asked. While a safety order may be granted it has considerably less effect than a barring order.

In this evening's debate, I do not believe we have focused enough on the emotional and psychological abuse of victims. While the refuges are available they are not easy to get into because unfortunately they are full most of the time. I will not mention the Department's budget because I know every budget in the country is stretched to its limit. Some voluntary groups are doing Trojan work. There is practically nothing available for those people - primarily women - being abused emotionally and psychologically, and that issue needs to be considered. While there has been considerable analysis and discussion of physical and sexual abuse of children the third leg of that stool is the emotional and psychological abuse. There is also not enough analysis of such abuse of women and there are inadequate structures to ensure women have the opportunity to be dealt with.

Unfortunately for quite some time I have been dealing with too many cases of domestic abuse. On every occasion, as a public representative, I need to ensure the appropriate authorities are informed. Sometimes that is not easy because unfortunately the victim of the violence might not want the Garda to be contacted, but there is no grey area and the Garda must be contacted. Depending on the extent of the abuse and the concern on the part of the public representative, the HSE may also need to be contacted. There is no grey area - it must be done. Even on occasions when the person who approaches me does not agree, I must do it. To do otherwise is not acceptable.

Senator Reilly correctly said that there may be more protection under the law for somebody who is physically abused on the street than there is for someone being abused in the home. When the Garda hear of a domestic incident it is very slow to get involved, which is not good enough. Because it is slow to get involved on too many occasions I know of gardaí visiting houses six, eight or ten times, which is not good enough. Abuse in the home - physical or emotional - is abuse. While I do not have analysis on this, it should be much clearer and the Garda should bring cases on the higher end of the scale of grievous bodily harm or actual bodily harm against the abuser. However, it rarely happens and it should be dealt with much more actively in the appropriate manner. If a person - male or female - is abused in the home the Garda should prepare a file and send it to the DPP. On too many occasions that does not happen.

As the Minister of State mentioned, drink is a major contributory factor. In my experience I always receive some complaints during holiday periods in the summer and over Christmas. It tends to be the case that too much drink is consumed by a husband who comes home and causes problems. His wife usually tries to keep it together for the Christmas for the sake of the children but unfortunately that does not happen.