Seanad debates

Wednesday, 15 February 2023

Domestic Violence (Amendment) Bill 2023: Second Stage

 

10:30 am

Photo of Róisín GarveyRóisín Garvey (Green Party) | Oireachtas source

Gabhaim buíochas leis an Leas-Chathaoirleach. I thank the Minister of State for coming to the Chamber and a big thanks to my colleague, Senator Vincent P. Martin. We have always remarked that we will not solve the issue around domestic violence and abuse towards women that is rampant in Ireland unless we also work with the good men of Ireland. Together, we can solve these very significant issues we face as women in Ireland.

Senator Martin is a perfect example of that, in that he dug deep and found a loophole and gap and he has now fixed that. Through the support of the Minister, this will no longer be an issue. He has introduced the Domestic Violence (Amendment) Bill to resolve an important issue in trials relating to coercive control. In some ways this is insane, but where one has a patriarchal society and a court system which is based on patriarchy, it is not surprising that there is such a thing as the perpetrator, which is normally the male, being allowed to cross-examine the victim. This is completely shocking. The fact that this amendment will reverse that is of great importance and shows that we are slowly moving into the 21st century.

People have the right to represent themselves instead of having a lawyer. People might choose to do that, particularly in cases of coercive control, as they feel that they may be able to intimidate the victim.

The whole definition of coercive control is a persistent pattern of controlling, coercive and threatening behaviour. It can include all or some forms of domestic abuse such as emotional, financial, physical and sexual, and can be from a current partner or an ex-partner, such as stalking, threats, isolation, intimidation, coercion and control, as well as physical or sexual violence. Unfortunately, too many people in Ireland are dealing and living with that situation, both male and female. It is predominantly female victims but there are also male victims.

A great deal more needs to be done and this is a very important step forward. There is also the definition of coercive control because it does not always have to be a partner or ex-partner. It could be a sibling or relation. We see many older people being intimidated and coming under coercive control.

A survey by Safeguarding Ireland found that one in five adults in Ireland was either currently experiencing or has in the past experienced financial abuse which can include pressure in connection with wills, property, inheritance or financial transactions, and the misuse or misappropriation of property, possessions or benefits.

The equivalent law in England and Wales, the Serious Crime Act 2015, extends the definition of coercive control to someone who is personally connected, which would include family members with whom the victim resides. I ask the Minister of State to consider being open to engaging with Safeguarding Ireland to broaden the definition of "relevant person" in the Act. This could be something to think about.

There is also a call from Women's Aid to highlight the need for greater legal aid. Sometimes if there is financial coercion, then that person has no money to defend himself or herself. We may need to extend the changes to legal aid to enable everybody to access it.The domestic violence agency needs to be set up as soon as possible. That was a big request of the Dublin Rape Crisis Centre's Noeline Blackwell and many other women's groups. I have worked with Clare Women's Network and Clare Haven Services in Ennis and have done fundraising and have supported them for many years. They deal with victims of domestic violence and coercive control. They are also now doing huge work around preventative measures and training social workers, doctors and members of the Garda to help them be aware of the signs of coercive control. It is a positive step in the right direction. I thank the Government and Cabinet for supporting the Bill. We have still a long way to go.

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