Colette Kelleher (Independent) | Oireachtas source

I thank the Tánaiste for coming to the House today. I welcome the introduction of the Domestic Violence Bill 2017 and the opportunity to provide some feedback on its contents. Like the Minister, my background is in social work, in both Ireland and England, and I know that domestic violence cuts across class, region and age. One of the statistics that stood out for me when I was reading the very useful briefing note prepared by Safe Ireland and other civil society organisations was that 31% of women have experienced psychological violence by a current or ex partner. That is one third of women, which is a huge number of people experiencing something with which they should not have to live.

The fact that this Bill, as well as dealing with the physical violence that we all know and will not tolerate, also takes seriously the issue of psychological violence is very welcome. The Bill also takes seriously the impact of domestic abuse on children. As Senator Norris said, trauma not transformed is often trauma transferred. Very often children who witness domestic violence become victims or, tragically, perpetrators themselves in adulthood. The fact that the Bill takes into consideration the views of children and the impact of domestic violence on them is very welcome. The improved law will be accompanied by an awareness campaign to shift behaviour and attitudes so that we no longer tolerate domestic violence in this country and that is also very welcome.

Other aspects of the Bill which I welcome include the provisions for court sittings to be held in camera, for evidence from children to be given by video link, which could be extended to all ages, and the rights of victims to be supported and accompanied in court. I also welcome the new provisions on forced marriages and on emergency barring orders which will offer protection from adult perpetrators, who are sometimes sons or daughters of older people experiencing domestic violence.Of particular importance is that, in the digital age, much harassment in an intimate context is now done by electronic means. Protection against this kind of behaviour is badly needed. This could be strengthened to include communications with third parties, to catch the awful behaviour popularly known as "revenge porn". These protections being strengthened would be very helpful.

The Bill should include a clear and comprehensive definition of what constitutes domestic violence. This definition should not only include physical, including sexual, but also psychological and economic abuse. This is all the more important given the prevalence of psychological abuse. Coercive control should also be included in the definition. This happens to a great number of people, but it is very hard at times to get action taken on it. Organisations at the coal face have found it difficult to get orders resulting from non-physical forms of violence. That is important.

I welcome that the Minister is going to amend the section affecting former dating partners and people who are not co-habiting.

The National Women's Council of Ireland recommends developing guidelines on criteria and considerations for granting orders under the legislation and that these should be broadly phrased to take account of individual and novel circumstances. There is a concern that, without a clear set of criteria, open list judges will act inconsistently. There should also be mechanisms to restrict the ability of a respondent to delay or interfere with the course of a domestic violence order application. Senators Bacik and Burke talked about cases going on in court for years and years, leaving people in a terrible limbo. Changes should be made so the perpetrators are prohibited from directly interrogating their ex-partners during court proceedings. I have a concern over possible unintended consequences under section 33(3). The section is drafted so broadly that it could criminalise any innocent mention of a case, including the accused's identity, by the complainant to anyone. This could merely be an email to a relative or friend in the course of ordinary private correspondence. The wording of the section could be tightened up.

In regard to barring orders, the phrase "putting in fear" is open to many interpretations. It should be clarified that it refers to the fear felt by the applicant and-or dependants of any future violence or abuse, or threats of same, by the respondent.

Many speakers have referred to situations which occur out-of-hours and the fact that abuse does not happen 9 a.m. to 5 p.m. or Monday to Friday. In every instance and at every point of proceedings, the impact on children should be taken into consideration. There should be a presumption of capacity of applicants with any form of learning or intellectual disability to give instructions and evidence. The case of Grace this week is a timely reminder of how important that element would be. Fees should not be a barrier to people accessing justice.

I look forward to working with the Minister on the Bill. It is very encouraging to know that the Minister has taken the Bill so far, and that she is using her position to push this through. It is much needed.