Aideen Hayden (Labour) | Oireachtas source

I have worked in the field of housing and homelessness for a number of years. I am aware that among the main difficulties faced by women who experience domestic violence is not just the challenge of leaving their homes but also that of remaining outside them once they find the courage to depart. They way we deal with women and children who experience domestic violence in the context of the housing system is part of the reason they find it difficult to leave their homes and move into the mainstream secure housing market as quickly as possible. In recent years, there has been a lack of good quality and substantive research on the specific issue of housing and its availability. The main report in this regard dates back to 2008. However, the findings it contains are as relevant now as they were then. The report in question indicates that aside from the difficulty women face in the context of accessing emergency accommodation - their experience in this regard is particularly variable and depends on the part of the country in which they live - they also encounter other problems which relate to the local authority area in which they reside. While some local authorities have specific customs and practices which would be defined as being well organised, others do not.

The response received by people with a housing need when they approach their local authority varies considerably. There are a number of reasons for this. The first is because domestic violence is not specifically defined within the housing legislation. I take this opportunity to raise an issue with the Minister of State. The Housing (Miscellaneous Provisions) Act 2009 contains a provision whereby, for the sake of argument, there is a disregard for lone parents in respect of their existing housing conditions. This means that if such parents are living at home with one or other or both of their parents, they are not deemed to be adequately housed purely because they have housing available to them. I request that a similar disregard should be applied to women who are the victims of domestic violence. As a result of the fact that such women may often be the co-owners of their homes or may have an interest in a rented property by virtue of the fact that they are joint or co-tenants, their position is difficult to assess in housing terms. This is particularly true in the context of their ability to access social housing. A disregard similar to that which applies in the case of lone parents could be extremely beneficial in the context of dealing with the specific needs of women who experience violence. It would, for example, allow them to be assessed as being in need of housing at the earliest possible opportunity.

One of the main difficulties faced by women in situations of domestic abuse is that they require an immediate response from the authorities and they need to be provided with safe housing. In terms of what is available to these women, I am aware, from my dealings with the rented market, that one of the other problems they face relates to the length of time it takes for them to be granted rent supplement. A potential way to deal with this would be for a ministerial directive to be issued to community welfare officers, CWOs, giving them specific discretion to deal with the needs of women who are the subject of domestic violence. CWOs can exercise such discretion at present but they can only do so if they provide a direct explanation to the Minister as to their reasons for doing so. If one is obliged to explain to a Minister why one is exercising one's discretion, one is not going to exercise it very often. My proposal for a ministerial directive represents a practical way in which women who experience domestic violence could be assisted by the system in obtaining secure housing as quickly as possible.

In light of the current housing crisis, the women to whom I refer are experiencing particular problems. In essence, these women find themselves in family and housing situations which are unsustainable. The needs of women and children who are the subject of domestic violence must be taken into account in the context of the overall position with regard to mortgage arrears, etc. The code of conduct in respect of mortgage arrears must take into account that relationship breakdowns occur. It must also take cognisance of the particular circumstances of those who are involved in such breakdowns and who are experiencing domestic violence.

In the context of the 1997 legislation on anti-social behaviour, there is a need for clarity as to what constitutes such behaviour. Some local authorities have used the relevant provision in the legislation to exclude violent spouses. In effect, others have used it to make both spouses homeless. There is a need to re-examine the legislation on housing in particular to discover how it might be changed to facilitate the transition to secure housing - as quickly as possible - for women and children who experience domestic violence.