Seanad debates

Wednesday, 1 March 2017

Domestic Violence Bill 2017: Second Stage

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I welcome the Minister. In the 21st century, we often think we have advanced a great deal in terms of issues such as domestic violence. However, I was horrified a few weeks ago to learn that Vladimir Putin had introduced legislation in Russia which means that if there is a situation of domestic violence, it will not be considered a criminal attack unless bones are broken. It is horrifying that this should be the case. I am old enough to remember a time in this country when if the guards were called to a situation of domestic violence, they just said that it was a family matter and that they could not intervene so they just left. I am very glad we are progressing this Bill. I congratulate the Minister, who has a passionate interest in this matter because of her professional background. She said that the Bill will enable us to ratify the Istanbul Convention, which is actually very strong on certain issues. Article 52 of the convention states:

Parties shall take the necessary legislative or other measures to ensure that the competent authorities are granted the power to order, in situations of immediate danger, a perpetrator of domestic violence to vacate the residence of the victim or person at risk for a sufficient period of time and to prohibit the perpetrator from entering the residence of or contacting the victim or person at risk. Measures taken pursuant to this article shall give priority to the safety of victims or persons at risk.

This is a very important aspect for us to consider.

I welcome very much the removal of the six-month cohabitation requirement. It is a considerable advance. The Minister said that once the emergency barring order has expired, another emergency barring order may not be made until one month after. It is extraordinary because the first order is the result of an emergency. What makes us think that an emergency evaporates after eight days? A person cannot get another one for a month. I do not understand the logic of it.

The issue of forced marriages is something that had not really struck me at all. I presume it is mainly people who originated in other jurisdictions. Are there any figures because it had not crossed my horizon at all that there were forced marriages in this country unless one goes back to things like in John B. Keane's "Sive"? The figures are really quite staggering - 14% of women have experienced physical violence by a partner; 6% have experienced sexual violence by a partner; and 31% of women have experienced psychological violence by a partner. Of those, 73% say their children were also involved. We have to take a very strong line with regard to the protection of children. There were 5,900 - just under 6,000 - disclosures of child abuse to Women's Aid in 2015.

I would like the Minister to address the question of the property test for cohabitant applicants. A cohabitant applicant must have an equal or greater interest in the property. I do not see why property should come into this at all. I am delighted to see the Minister nodding. Perhaps she will introduce an amendment.

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