Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I am pleased to present the Domestic, Sexual and Gender-Based Violence Agency Bill 2023 to the House. The programme for Government recognises that Ireland is experiencing a domestic, sexual and gender-based violence epidemic consistent with global trends. That simply must change. This Government has responded strongly and proactively with the third national strategy on domestic, sexual and gender-based violence, the zero tolerance strategy and a wide range of related measures. The ambition, undertakings and innovations of the strategy are directly informed and driven by the experiences of those affected by domestic, sexual and gender-based violence and by those who support and advocate so tirelessly for them. In light of recent days, the names of Ashling Murphy and Amadea McDermott of course come to mind, but I also include the countless others whose lives have been cut short or blighted by this scourge on our society. Far too many people, a majority but by no means all of whom are women or girls, have been and continue to be subjected to these forms of violence and abuse. We owe it to them, and to future generations, to do everything we possibly can to eradicate such crimes.

The Bill gives effect to key undertakings in the zero tolerance strategy by establishing a dedicated statutory body with responsibility for driving and co-ordinating an enhanced whole-of-government response; ensuring the delivery of excellent services and facilities to victims and persons at risk, including refuge accommodation for all who need it; and delivering public awareness campaigns and carrying out research to inform policy evaluation and development in the years ahead. The Bill also places a statutory onus on relevant public bodies to co-operate with the agency and each other in support of their respective domestic, sexual and gender-based violence responsibilities, including by sharing relevant statistical information. I strongly believe that the agency, as established under this Bill, will make a positive difference to the many people who have suffered or continue to suffer these appalling forms of violence and abuse. I also hope and believe that the work of the agency will help to create a cultural climate in which no form or amount of domestic, sexual and gender-based violence is ever viewed as justifiable or excusable.I will now briefly set out the main elements of the Bill. It comprises a total of 45 sections across five parts. Part 1 is a standard part which sets out the Short Title, provides for the commencement of the Bill and expenses incurred in its administration. It also defines key words and terms used in the Bill.

Part 2 establishes the agency and sets out its statutory functions. It also provides for the appointment of a chief executive and staff, for the establishment of a non-executive board and committees, and various related matters. Part 2 additionally contains standard transitional provisions arising from the transfer of certain responsibilities from Tusla to the new agency. These include Tusla’s current responsibilities for funding key support services and overseeing the delivery of refuge spaces. The agency’s functions will include planning, co-ordinating and monitoring the development of refuge accommodation; providing support, including financial assistance, for the provision of services to victims and persons at risk; developing and monitoring compliance with standards for the delivery of those services; co-ordinating and overseeing the implementation of relevant Government strategies and plans; delivering public campaigns aimed at raising awareness of domestic, sexual and gender-based violence and reducing its occurrence in society; and conducting or commissioning research, including the collection, compilation and assessment of statistical data, to inform the evaluation of policies, strategies and services and to support the discharge of the agency's other key duties. In performing its functions, the agency will be required to collaborate and engage, as appropriate, with relevant bodies and persons and to have regard to the diverse circumstances and needs of victims and persons at risk, including children and young persons.

The Bill provides that the agency will be led by a chief executive to be appointed by the Minister on foot of a recruitment process conducted in accordance with the applicable public service legislation. The chief executive will be responsible to the Minister for the performance of his or her functions. The Bill provides that the staff of the agency shall be provided by the Minister and will be civil servants of the Government. Provision is also made for the transfer of certain Tusla employees to the new agency and for the protection of their terms and conditions of service, tenure, pay and pension entitlements.

The Bill provides that the board shall have a chairperson and six ordinary members who will be appointed by the Minister from among persons with experience or expertise in domestic, sexual and gender-based violence matters, organisational governance and management, or other matters relevant to the functions of the agency. It will be a non-executive board and its main functions shall be to provide strategic direction to the agency, to oversee and appraise the implementation of the corporate plan and annual business plan, to promote high standards of corporate governance in the agency, and to provide policy advice and recommendations to the Minister. The Bill also provides that the board may establish such committees as it sees fit to assist and advise it in its work. This will enable the board and the agency to access, in a structured yet flexible manner, insights from a broad range of sectoral experts, individuals of diverse backgrounds and other stakeholders.

Part 3 of the Bill provides for the preparation of a multi-annual corporate plan, an annual business plan, annual reports and accounts, other reports as may be requested by the Minister, and various related matters. It also provides for the appearance of the chief executive before Oireachtas committees. Part 3 additionally provides that the Minister may issue general policy directives to the agency or give a specific direction to the agency on any relevant matter.

Part 4 sets out the terms under which the agency may provide funding to relevant service providers and the accountability obligations of such providers. It obliges a funded provider to give the agency such information as it may require, including, for example, financial information and details of the services being provided but obviously not details of the individuals in receipt of the services.

Part 5 provides that a public service body, as defined in the Bill, shall co-operate with the agency for the purpose of the performance of the agency’s functions. Provision is also made that, where so requested, public service bodies shall cooperate with each other for the purposes of their respective functions where these relate to increasing awareness and understanding of domestic, sexual and gender-based violence or supporting victims and persons at risk. These provisions give statutory weight to the principle that tackling domestic, sexual and gender-based violence is a whole-of-Government responsibility, and that relevant public bodies are expected to co-operate with the new agency and each other to that end. Co-operation is defined as including the provision of statistical information and this will be of particular assistance to the agency in its role of conducting research to support the evaluation of policies, strategies and services.

Finally, Part 5 provides for consequential amendments to the Child and Family Agency Act 2013 and to the National Archives Act 1986.

I thank members of the Joint Committee on Justice for their pre-legislative scrutiny of the Bill, and I thank all bodies, persons and groups who made submissions to that committee. The scrutiny process was an important step in the development of the Bill and a number of the committee's recommendations were taken on board in the Bill as presented. I also want to thank the Members of the Dáil for their constructive engagement on this Bill and for the cross-party support that was offered. The Committee Stage and Report Stage debates in the Dáil allowed me to provide some further clarification and assurances on a number of matters. These included the agency’s staffing arrangements which will replicate those in place for numerous agencies under my Department's aegis. This involves continuous engagement with, and input from, each agency to meet its specific staffing needs. This is done through dedicated human resources business partners in my Department who have strong working relationships with these agencies and a solid understanding of the skills and competencies their staff need to have. Specialist agency staff are typically recruited by open competition, and the agencies have a key role in designing job specifications and selection criteria. Heads of agencies also regularly sit on interview boards for the selection of key personnel. All such arrangements will equally apply to this new agency and to its head.

The issue of protecting the personal data of domestic, sexual and gender-based violence service users was also raised and clarified. Service providers must of course follow all relevant laws and safeguards when processing the personal data of service users. This is strongly emphasised in their funding agreements with Tusla and that will continue when the new agency takes over. As I stated during the Committee and Report Stage debates, it is not envisaged that the agency will collect the personal data of service users and I am satisfied that the Bill does not provide a legal basis to do so.

I hope that this timely and important Bill will attract the strong support of this House as it did in the Dáil, and that its passage can be facilitated with a view to allowing the agency to be established early in the new year, as originally planned. I look forward to hearing Senators’ contributions today and I commend the Bill to the House.