Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

The intention, which I share, of amendments Nos. 41 and 42 is very positive, but some of the proposals in these amendments are not under my remit. The specific reference in amendment No. 41 to the Domestic Violence Act 1996 comes under the stewardship of my colleague, the Minister for Justice and Equality. While I am happy to discuss what is proposed in this amendment with her, I unfortunately cannot accept an amendment to the legislation without consulting the Minister for Justice and Equality, Deputy Frances Fitzgerald, in advance and giving due consideration to the complex legal matters involved.

The issue of domestic violence and the access of people to housing has been raised with me on a number of occasions and I very much want to address it in so far as we can. It will involve other Ministries.

At present a housing authority may provide short-term emergency housing to persons who are forced to leave their homes because of domestic violence without having to assess their eligibility for social housing support or include them on the authority's housing waiting list. In the longer term victims of domestic violence may qualify for social housing support and be entered on the waiting list where they meet the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulation 2011. Notwithstanding this, I have in section 46(e) of the Housing Bill provided for the amendment of section 20 of the Housing Act 2009, to provide for situations where a housing authority cannot determine if a household qualifies for social housing support because a household member is separated and has a claim on the family home which has not yet been resolved in some form of legal judgment or agreement. This could also apply in cases of domestic violence. This would be in situations where there is no clear path as to what the future will be for the family.

The amendment to section 20 will provide that, where such a household is otherwise qualified for social housing support, the household will be able to avail of a housing assistance payment, HAP, or accommodation provided under a rental accommodation arrangement until such time as the claim on the family home has been determined. The decision to provide this type of support will be reviewed periodically pending the resolution in respect of the claim on the family home. It will be reviewed from time to time depending on what happens with the family home.

A household in this situation will not be able to apply for a transfer to another form of social housing support during this period but if, ultimately, the household is determined to qualify for social housing support, the total period for which the household availed of HAP will reckon for the purposes of a transfer application, in accordance with the issue we discussed earlier about people availing of housing assistance payment keeping the points they have built up in their application in accordance with the terms of the housing authority’s allocation scheme.

In respect of amendment No. 42, while my Department provides some funding towards the operational costs of domestic violence refuges, the primary funder of such facilities is Tusla, the Child and Family Agency. Responsibility for the development and provision of services to support victims of domestic abuse rests with the Minister for Health and is delivered through Tusla. In addition, Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which was established in June 2007 as an executive office of the Department of Justice and Equality, works to ensure the delivery of a co-ordinated response to issues of domestic, sexual and gender-based violence across Government. Actions to ensure effectiveness and consistency in housing responses for victims of domestic violence are set out in action 10 of the National Strategy on Domestic, sexual and gender-based violence. My Department is developing the necessary guidance to implement this action.

I accept this issue crosses over a number of Departments and what we want to achieve is more co-ordination between Departments in terms of the outcomes for such families. I have taken the opportunity to do a certain amount in this Bill. I will undertake to talk to the Minister for Justice and Equality, Deputy Fitzgerald and other Ministers as well because both the Minister for Children and Youth Affairs, Deputy Flanagan, and the Minister for Health will be somewhat involved in this areas. I recently attended a meeting on the cross-departmental issue that surround domestic violence.

For a long time there has been an issue with regard to short-term access to housing when somebody has to leave their family home due to domestic violence. How does he or she access somewhere to live while figuring out the next step to take? People in that situation must address a variety of complex issues and that is why these measures, to which I referred, have been included. We are working on at least finding a way to address short-term needs and re-evaluating needs generally as families make decisions about their future.