Seanad debates

Monday, 19 April 2021

Nithe i dtosach suíonna - Commencement Matters

Domestic Violence Policy

10:30 am

Photo of Sharon KeoganSharon Keogan (Independent) | Oireachtas source

I warmly welcome the Minister. As she will be aware, one of the many repercussions of the lockdown policies has been the dramatic increase in the incidence of domestic violence, with vulnerable women and children bearing the brunt of it. In light of this, I will put a few issues and questions to the Minister for her consideration.

I have heard reports that the family law system further endangers women and children experiencing domestic violence. Abusive parents can be granted unsupervised access to children. Victims' concerns about child abuse are minimised. Custody arrangements that escalate domestic violence can be ordered by the courts.

Are there any responses from the family justice oversight group with regard to regulation and the establishment of the database of court-appointed child welfare assessors? I understand that these assessors are unregulated currently, and that the Courts Service of Ireland does not maintain any database of them. Simultaneously, the involvement in proceedings of the criminal courts or the family law courts in the child protection system are not unusual in families affected by domestic, sexual and gender based violence services, DSGBV. This can lead to considerable difficulties. A mother, for example, may be required by Tusla to leave an abusive partner to protect her children, while in family law proceedings the parental rights of the abusive partner may supersede the child's right to safety, sometimes giving rise to unsupervised access to abusive partners. This re-traumatises the affected child or the abused mother and places them in direct conflict with welfare conditions arising from involvement with Tusla. A conviction for violent abuse of the victimised parent, frequently the mother, may be deemed irrelevant in a custody or access case because the offence was not against the child.

Can a fit-for-purpose and joined-up legal and welfare mechanism ensure that these matters are fully considered in terms of the emotional abuse element with regard to the child's welfare? Has An Garda Síochána started training officers in domestic violence refuge services to facilitate and encourage victims to report crimes? What are the statistics on the breaching of domestic court orders under the Domestic Violence Act 2018? How are repeat offenders being dealt with? How many DSGBV prosecutions have there been since the pandemic began in March 2020? How does this compare with other years?Can the Minister update the House on the legislative proposal for domestic violence leave, which aims to give workers who experience domestic violence the stability they need to leave a violent relationship or to ensure the victims or their families are safe? Professionals who provide the vital supports and services needed by women and children in their communities must be adequately resourced. They are very much front-line workers.

The third DSGBV is due at the end of 2021. Do we have the luxury of waiting until then for these findings, knowing that this problem is escalating, under-resourced and under-reported? Can preliminary findings be published? An audit of accommodation by Tusla is due at the end of April. Why is it taking so long? We know escalating violence is emerging. It is clear we do not have enough refuge places. Hundreds of women and children in dire need are being turned away. What other accommodation measures are being put in place for fleeing victims? Is a multi-annual funding model being developed at departmental level to ensure and enable proper planning and development of DSGBV services?

A new feature of DSGBV has emerged during the pandemic, namely, the deliberate breaching of Covid public health advice and restrictions. This places children and adults, particularly those with underlying medical conditions and disabilities, in danger. These offences are difficult to prove to a criminal threshold and it is equally difficult for victims to protect themselves or their children from them. How are those allegations and complaints being dealt with? Finally, I repeat the call for more funding for services for victims and for an increase in the number of refuge places. What is the Government's response?

Comments

No comments

Log in or join to post a public comment.