Seanad debates

Thursday, 20 February 2014

11:20 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I congratulate the team. Some of the puns used by the Leas-Chathaoirelach and others put us on a sticky wicket but we will pass on from that.

Senator Coghlan raised the Garda Síochána issue, which I have dealt with. My thanks to Senator Barrett for supplying me with some of the material he was speaking about concerning the revelations on Newstalk this morning relating to the non-allocation of penalty points. I realise Senator Barrett engaged comprehensively with the Minister for Transport, Tourism and Sport during the debate on the Road Traffic Bill. I commend the Senator on his important contributions and on his proactive engagement. It is a good example of the important work the Seanad can do with a listening Minister and it is good to hear this issue was highlighted this morning on Newstalk.

Senator Mulcahy spoke about his contribution yesterday at the Joint Committee on Justice, Defence and Equality on domestic violence. I was privileged to be present for the full three hour hearing on domestic violence and to be there in particular with Senator Zappone during Senator Mulcahy's powerful and moving contribution in which he spoke about his personal experience. As others have said, he deserves our thanks because he brought home to everyone listening the appalling experience of domestic violence. I support Senator Mulcahy in his call for legislation and for a change in culture in respect of criminalisation.

I emphasise for colleagues, however, that domestic violence is criminalised. The Garda police this and there has been a change in culture to take it more seriously. However, what we do not have is a specific offence of domestic violence. This was the issue several groups, including Safe Ireland, raised with us yesterday. By contrast, for example, Sweden has a specific offence of domestic violence. Here, the Garda prosecutes on the basis of assault or non-fatal offences against the person legislation, which has a range of assault offences. Naturally, domestic violence encompasses these offences and sexual offences, under the sexual offence laws. Indeed, most commonly it is prosecuted as a breach of barring orders. This is because where a barring order is in place, a breach of that barring order by a perpetrator of violence is of itself a criminal offence. There is extensive criminalisation but perhaps not the targeted focused criminalisation of a specific offence, which might improve the culture of policing and apprehension of perpetrators.

Senator Mulcahy spoke eloquently about the need for the Garda to be more proactive by removing perpetrators from the scene of the crime, which is what the family home is, rather than having the victims and, usually, children having to flee the family home, as often happens now. It was powerful and we were all moved by it. The Joint Committee on Justice, Defence and Equality is drawing up a solutions focused report on the changes to legislation necessary to make domestic violence policing more effective. I know we have a listening Minister on the matter who is very committed to this legislation.

Senator Reilly commented on the local and community development companies and the alignment issue. I imagine the Minister for the Environment, Community and Local Government, Deputy Hogan, would be happy to come to the House to take statements on this issue and to update us on progress. I understand councillors will have more powers and there will be more formal alignment arrangements. The Senator raised some practical issues that may be teased out with the Minister.

Senator Brennan also congratulated the cricket team and remarked on the need to criminalise violence in all its forms in the home and in schools. Again, we heard powerful testimony and I thank him for his support.

Senator Norris congratulated Senator Mac Conghail and give a strong endorsement of the performance of "Sive" last night. I was sorry I could not see it myself but I hope to see it at some point. Senator Norris's description of the play as a masterpiece sounds right.

The Senator also mentioned the visit to Japan. I will be following that up with the Dáil Whips. I understand the invitation came from the Whip's office, which is not the appropriate place. Senator Coghlan has pointed out to me that we should put this on the agenda for the next meeting of the Committee on Procedure and Privileges.

Perhaps we will have cross-party support for it.

Senator Mullins complimented Senator Mulcahy on his contribution and spoke on domestic violence and on the policing allegations. Senator Wilson also commended Senator Mulcahy and spoke of the need to ensure more effective criminalisation of domestic violence. He also spoke about the issues in respect of the Irish Postmasters Union. I gave a full response to that yesterday, when I said that the Government is committed to sustaining a viable An Post network, and supports the maintenance of a maximum number of economically viable post offices. We have one of the most extensive post office networks per head of population in the EU. I gave the numbers on that and pointed out that we could have a debate on the report published last year by the Joint Committee on Transport and Communications on the sustainable future of post office networks. However, as I said yesterday, An Post is a commercial State body. It has seen an enormous drop in its business in the traditional mail volumes, which have fallen by 25% in five years, simply due to changes in people's practices. It is bidding for other business on a level playing field. Local property tax is paid through the post office and An Post has been recently selected, following competitive tender, by the Department of Social Protection to provide over-the-counter cash services to social welfare recipients. It will pitch strongly in the tendering process for the e-payment business of the Department of Social Protection. Senator Mooney proposed an amendment on the Order of Business on this issue yesterday, so those who raised it today should look at the record to see what was-----

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