Alice-Mary Higgins (Independent) | Oireachtas source

I listened to the comments about diversity in the law and my colleague, Senator Ruane, has been pushing work in that area. It is a piece that is needed.

I welcome the Minister of State to the House and commend Senator Boylan on what is a very important Bill and what has already been very consequential legislation. The existence of the Bill seems to have led to a change in policy being expedited, which will have a major impact on people's lives. This Bill falls within a set of measures in the House where the Seanad has had a particular role in highlighting real impact in the area of intimate partner violence, domestic abuse and rights in those cases. The Seanad pressed forward, demanding on a cross-party basis that coercive control be recognised as an offence. When the mediation legislation was going through this House, it was Senator Ruane and I who pressed for recognition that mediation was not always the appropriate route, with a civil legal route often being more appropriate in cases where there were imbalances of power and history of domestic abuse in all its different forms. There have been a number of provisions in the area and this piece will go down as another really important building block in attempts to make our legal system fit for purpose and the realities of people's lives and experiences.

I am glad different guidance has been recommended but it is important that the Bill would go forward. It is important, where possible, to copper-fasten legislation to make clear what may or may not be interpreted in terms of calculation of means. There has been an anomaly where a house in which a person lives, for example, might not be counted as an asset but the housing assistance payment may be seen as income. Again, that leaves people in different categories with different capacity in being able to seek civil and legal aid.

We know there is insecurity around housing in Ireland and this has been such a contributing factor to people not feeling able to leave positions where they experience abuse or danger. We know people have been turned away from domestic violence shelters because Ireland has not fulfilled its obligations under the Istanbul convention. It has been a contributing factor in the decisions that people have had to make. It certainly should not be the case that those getting a housing assistance payment must be concerned that the fact they are securing housing for themselves and perhaps dependant children, etc., may be stopping them from accessing the civil legal aid they need in order to create long-term security and potentially achieve long-term protection for themselves and their children. People should not be pressed into those short-term to long-term choices.

There is mention of 42 weeks and 58 weeks, depending on the source we use, in the delays in civil legal aid that have been highlighted again in this debate. That creates danger in people making choices that are not the best for them. They are the choices they are forced to make because these people are caught between short-term security and short-term consequences being visited on them because they cannot access what would be their legal rights.

The Minister of State has mentioned there will be a review of civil legal aid. We need that review but we also know we need more resources. I urge that even prior to the review, more resources should be allocated so that in the review we can address systemic problems; if they arise because of resources, they can be addressed. That will allow us to pull out what are systemic issues and what are resource gap issues. There are examples of both and a number of areas must be addressed. I also have concerns relating to section 32 assessments. Sometimes a stronger party in a case is able to unduly influence the process of who is assigned as a psychologist. I have had cases come to my attention where a party with a solicitor can have much stronger representation or engagement around something like the section 32 process, which should be equitable and give clear results for everybody. These are some examples of areas where this legislation is needed.

I urge the allocation of more resources. I am glad the Government is putting guidelines in place but I encourage it to support the Bill. Perhaps some of the good ideas that may emerge from the civil legal aid review that we might have in the autumn could be incorporated via Government amendment to the Bill. There is potential for this to be a vehicle for a collection of good ideas in how to improve civil legal aid and its practice in Ireland.

This is an example, I hope, of good ideas coming through here on the Commencement. We should not have to bring a Bill before the House to effect change. Sometimes, when the flag goes up in an amendment, question or on the Commencement, I hope the Government would get better at taking those ideas back and really translating them into action as quickly as possible.

I warmly commend Senator Boylan on what is an important, consequential and meaningful Bill. The Minister of State has already been asked the question about people who have been refused legal aid in the past because of a previous interpretation of the law. Will there be a measure to ensure they are informed that they may have access to aid in future? They should know, if their cases are coming through again, that they can access such support.