Seanad debates

Tuesday, 1 December 2015

Commencement Matters

Domestic Violence Policy

2:30 pm

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

Again, I thank the Senator for raising this very serious issue, which unfortunately continues to be a blight on society and has a terrible impact on victims and their families. It is important to note that housing authorities do not provide or oversee services specifically designed for victims of domestic violence. Responsibility for the development and provision of services to support victims of domestic abuse rests with the Minister for Children and Youth Affairs, and the delivery of such services is managed through the Child and Family Agency, Tusla.

Victims of domestic violence who seek emergency accommodation from a housing authority are generally placed in temporary accommodation arranged by the council or operated by a voluntary service provider. It is not necessary for such persons to go on the general housing waiting list to avail of short-term emergency housing. Such support can be provided where victims of domestic violence meet the homelessness definition set out in the Housing Act 1988, which is not prescriptive and in practice will generally include victims of domestic violence.

Where victims of domestic violence need continued State support to meet their housing needs, housing authorities are encouraged to work with all service providers to ensure that a victim's housing eligibility and need is assessed in a timely manner. This assessment is carried out in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, which includes a review of the suitability of the household's current accommodation having regard to a number of considerations, including particular household circumstances or on exceptional medical or compassionate grounds. This provision allows a housing authority to consider victims of domestic violence as having a housing need and allows them to be placed on a housing list where all other criteria are met.

The allocation of social housing support to qualified households is a matter for individual housing authorities in accordance with their allocation schemes made under section 22 of the 2009 Act. Each housing authority is required to make an allocation scheme specifying, among other things, the manner of, and the order of priority for, the allocation of dwellings to households and classes of households on the waiting list.Allocation schemes may also contain provisions for exceptional or emergency cases, allowing immediate housing outside of normal waiting list priorities, should circumstances warrant it.

While the allocation of support is a matter for individual local authorities, the 2009 Housing Act provides that the Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority is required to comply with any such direction. Using this power, the Minister, Deputy Alan Kelly, issued a direction, which applies until 31 January 2016, to key local authorities requiring them to prioritise homeless and vulnerable households in the allocation of tenancies under their control. Victims of domestic violence who are considered homeless by the housing authority or who are in accommodation that is considered unsuitable, on exceptional medical or compassionate grounds, and who are qualified for social housing support on or before 1 June 2015 may benefit under this direction.

I am satisfied that the current provisions and arrangements provide local authorities with appropriate mechanisms to ensure that sufficient priority is afforded to victims of domestic violence and other vulnerable groups. In addition to the current provisions, which allow for the adequate prioritisation of victims, my Department is involved in a number of initiatives which support victims. Under my Department's capital assistance scheme, support may be provided through housing authorities towards approved housing bodies, AHB, costs in providing accommodation for persons that are qualified for social housing supports that may have particular accommodation needs. There are a number of AHBs which have an emphasis on providing suitable accommodation to victims of domestic violence. It is a matter for individual housing authorities to prioritise the projects to be advanced under the capital assistance scheme. Furthermore, Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which was established in 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. My Department continues to liaise with Cosc on the development of a second national strategy on domestic, sexual and gender-based violence, which should be finalised shortly. While there is no proposal to redefine victims as a specific category of prioritised housing need, my Department will commit, under this strategy, to develop guidance for housing authorities to ensure effectiveness and consistency in local authority responses for victims of domestic violence.

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