Seanad debates

Wednesday, 2 May 2018

Domestic Violence Bill 2017: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed)

 

10:30 am

Photo of Colette KelleherColette Kelleher (Independent) | Oireachtas source

I welcome the Minister to the House. Today is a very good day for women, children and men, including young men and all those affected directly or indirectly by the horror of domestic violence. It is not always a matter of the person at the receiving end; it is also about the child looking on and learning terrible lessons for life. As a result of this ground-breaking Bill, soon to become law, homes and the places where domestic abuse and violence take place will be off limits. Those who commit these dreadful, horrible, life-limiting, life-threatening acts will be clear that they are committing a crime and are now on notice.

As a result of this legislation, Ireland will be a safer place. All credit is due to Safe Ireland for its campaigning, guidance and wisdom in bringing the legislation to where it is today. It was inspired by the women it represents and the horrific stories it was told and it knew something had to be done. The women of Safe Ireland with whom I and others were proud to work inspired us in turn. Shauna is here today. I thank Catriona Gleeson, Caroline Counihan, Sharon O'Halloran and Simone George, in particular. They are amazing women. They worked with us, as legislators from all parties and none, from spring into summer and then into the autumn and winter. It felt like a long haul at times. We formed a great team. I must thank, in particular, Mr. Pádraig Rice and Mr. Aengus Ó Maoláin for their hard work and dedication in producing this Bill. I also thank Charlotte Simpson.

Safe Ireland was inspirational and an absolute privilege to work with. I acknowledge the work of Women's Aid and the National Women's Council of Ireland. I acknowledge the good work done in the Seanad to improve and strengthen the Bill. Working together collegially, we introduced important measures to an already good Bill. We worked hard so the Bill would include the offence of coercive control, recognising the undermining and unrelenting chipping away of a person by controlling and manipulative behaviour, gaslighting, making victims doubt themselves, isolating victims and cutting them off from their friends and family, monitoring a partner's telephone use and interactions, and slowly and deliberately destroying a person, most often by destroying a woman's confidence and freedom to be herself. That this kind of heinous, controlling behaviour is now an offence is momentous. This is a huge cultural shift regarding what is and what is not acceptable.

Another important provision in the Bill that we fought hard for in this House will ensure an intimate relationship between victim and perpetrator must be regarded as an aggravating factor in sentencing for a wide range of offences. There is welcome recognition in the Bill that an intimate relationship applies when people are not cohabiting and not having a sexual relationship. Statutory guidelines for making judgments on domestic violence, crimes and offences and their punishment are also welcome.

I particularly thank Deputy Frances Fitzgerald, who was so pivotal and central in getting the ball rolling with this legislation and shepherding it. I thank the Minister of State, Deputy David Stanton, especially also and, of course, the Minister for Justice and Equality, Deputy Charlie Flanagan, and his officials for being open to persuasion.

Let us remember again why this domestic violence legislation is so important and needed. In 2016, there were approximately 3,500 incidents of physical abuse against women in the domestic environment. An EU study in 2014 reported that 14% of women in Ireland had experienced physical violence by a partner since they attained the age of 15. Up to 6% of Irish women had experienced sexual violence by a current or former partner and 31% of Irish women, or a third, had experienced psychological violence by a partner; hence it is so important to establish coercive control as an offence.

It is worth noting that since 1996, when the first domestic violence legislation was introduced, 216 women have died violently. Up to 63% of those women died in their own homes. Where there was a determination of culpability, 56% of these women were murdered by a partner or an ex-partner. Another 32% were killed by someone they knew. Therefore, domestic violence in all its forms - psychological, physical and life ending - is a real and present threat. That is why this law is so urgently needed. All credit is due to the Government for acting with speed to put it in place to protect all those whose very lives could depend on it. We look forward to this Bill being signed into law by the President of Ireland, commenced and enacted. The Bill's becoming law takes us one step closer to ratifying the Council of Europe convention on preventing and combating violence against women and domestic violence, better known as the Istanbul Convention. In 2015, the then Minister of State, Senator Aodhán Ó Ríordáin, signed the convention. The passing of this Bill means we are one step closer to ratifying it, thereby adding our names to the 30 countries that have already done so, including Germany, France and Denmark. Iceland ratified in April and Croatia is very nearly there. We do not want to be in the company of countries that lag behind, such as Hungary. Ratifying the Istanbul Convention is important because it means an independent expert group will monitor the implementation of all the articles in the convention. States are legally bound by it.

It was a proud moment for me last week when I was able to say publicly at the Council of Europe that we were close to passing very progressive domestic violence legislation and that Ireland would be soon in a position to ratify the Istanbul Convention. I understand from the Minister's speech in the Dáil last week that only one more legislative action is required to enable ratification of the convention, namely, the Bill on extraterritorial jurisdiction for certain offences. I would like to know when the Minister plans to publish this legislation. Can he make a commitment that the Istanbul Convention will be ratified by the end of this year, making 2018 a truly great year for all those experiencing domestic violence, in whatever form? It would make Ireland a much safer place.

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