Seanad debates

Wednesday, 31 May 2017

Domestic Violence Bill 2017: Committee Stage

 

10:30 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Senators for the hard work they have put into the Bill and the various amendments that have been tabled. I very much respect the spirit in which the amendments have been tabled and look forward to discussing them. My approach is very much one of wanting to work constructively on the Bill. We have a shared goal of strengthening its provisions and ensuring we deal effectively with the crime of domestic violence.

It is not acceptable that anyone should be subject to the type of abuse, fear and intimidation we have heard about. I emphasise that domestic violence is a pernicious evil and much too prevalent. It has devastating physical, emotional and financial consequences for individuals, families and children.

The purpose of the Bill is to consolidate and reform the law on domestic violence to provide better protection for victims. We also wish to enable the country to ratify the Council of Europe's Istanbul Convention. I assure Senators that the Bill, as presented, facilitates this. It also includes important new provisions on emergency barring orders, forced marriage, better protection for victims going to courts, including allowing more support and the use of video. These will make the experience less traumatic, where possible. Before going into the detail of the amendment, a number of matters have been mentioned by Senators. One of these relates to the fee that obtains. I have already indicated in the Dáil that I have a submission from the Legal Aid Board and that we should remove the fee. I will look at the point Senator Murnane O'Connor made in respect of someone coming back in. The Senator's point is relevant and I will give consideration to it.

Senator Ardagh referred to the conditions in the courts. The position regarding Dolphin House clearly needs to be dealt with. We have a new property at Hammond Lane. The then Minister of State with responsibility for the OPW and current Minister for Health, Deputy Harris, and I did a great deal of work on the matter. The building in Hammond Lane will be the new family law complex. A planning group has commenced work on the project. It will be a terrific facility, with rooms for witnesses and children and much better facilities. This development is absolutely overdue.

I appreciate what Senators are trying to do with their amendments, which seek to provide a definition of "domestic violence" and create a specific offence of coercive control. I want to make an important point on the framing of these amendments. The amendment to section 2, as submitted, is confined to defining domestic violence. That is very important because there is no linking of the definition with any subsequent provision in the Bill. That needs to be looked at. There is no point in having a definition if it is not linked and if there is no implementation that follows from it. I am sure Senators will accept that. If I was to accept the amendment, the effect it would have is not clear because it is not linked with other provisions in the Bill. That is a technical point but one with many implications

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