Seanad debates

Wednesday, 1 March 2017

Domestic Violence Bill 2017: Second Stage

 

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I welcome the Minister to the House for what is an exceptionally important Bill. At this stage, I would like to put on record our acknowledgment of the work she has done, not just as Tánaiste and Minister for Justice and Equality, but when she was a social worker. That is the type of hands-on knowledge that influences legislation in order to ensure it is good and does the right thing.People would probably be shocked to learn that one can go to court and apply to allow somebody younger than 18 years to marry. Society has moved on to such a degree that it would not even resonate in the consciousness of most, but this legislation will ensure it will no longer be possible to do so. If somebody is not old enough to vote, how can he or she be old enough to make a decision on marriage? However one views it, it is abuse. People are not compos mentis, no matter how good they are or what their background is to make a lifelong decision of that nature at that age. This legislation brings together much of what should have been done years ago but was not. Our job, as legislators, is to do what should have been done in many cases. If a person's home is not safe, it is up to the State to make sure the necessary legislation is in place to ensure adequate protection.

The point about barring orders and a property to which somebody would not have a legal right makes sense. People, however, have gone to court to defend a request for a barring order on the basis that the person looking for it has no legal right to the home, even though he or she may have lived in it for several years. It does not make sense and the legislation deals with that issue. We have a responsibility to constantly review the legislation dealing with domestic violence. I have no doubt that when the Bill is enacted, it will achieve a lot, but there will probably be other anomalies that we will have to address in a couple of years time, if we are all lucky enough to be still here. It is an evolving process. The Minister said she once thought we could eliminate domestic violence. That should always be our goal. It is not a naïve aspiration but something we should all want. Society should be foolproof enough to ensure the minute it raises its ugly head ,it is dealt with, but that is a Utopia we will probably never see.

I commend the bravery of the many who have spoken out recently about domestic violence. After Christmas Clare FM ran a week long campaign to highlight the work of the Rape Crisis Network in dealing with child sexual abuse and domestic violence. I raised the issue here with the Minister for Children and Youth Affairs. People who speak out whether they have been affected or are whistleblowers or conscientious members of the media must be encouraged because as a result of their bravery society can, should and I hope will become a much safer place.

I look forward to the Minister's necessary amendments when the Bill is taken on Committee Stage. I am fairly confident that the Bill will receive unanimous support in the House because it has a tradition of coming together to do the right thing. If any Member identifies amendments he or she believes are necessary, I have no doubt that the Minister will engage on them. We will deal on Committee Stage with the technical amendments her officials have identified.

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