Seanad debates
Wednesday, 15 November 2023
Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Second Stage
10:30 am
Barry Ward (Fine Gael) | Oireachtas source
Cuirim fáilte roimh an Aire agus roimh an Bille seo ar son an grúpa Fine Gael. In fairness, this is very important legislation and it is entirely appropriate that the Minister, as somebody who has particularly spearheaded initiatives against domestic, sexual and gender-based violence, would bring it before the House. It is also appropriate that there would be a single agency with responsibility for the policy direction on these issues which affect everyone. We have had discussions on these issues in this House on a number of occasions since I have been a Member and there is a growing understanding within society that this kind of behaviour - anything that constitutes domestic, sexual and gender-based violence - is something that damages us all. It damages our society as a whole and every single person within society is damaged when these things happen. It is entirely appropriate that we, as a country, should be putting together a single point of contact for the policy on tackling these issues and making sure the response is not just robust but effective, timely and appropriate.
I welcome the Bill and I welcome the establishment of An Ghníomhaireacht um Fhoréigean Baile, Gnéasach agus Inscnebhunaithe, which is not a name that rolls off the tongue, pé teanga a usáideann tú. It is a difficult and cumbersome title for the agency. I note that the Department's briefing suggests that at a later date a working title or a corporate name will be given to it, much like Tusla, to which the Minister referred in her speech, which is of course the Child and Family Agency in legislation. I must say that I am against that. I do not see why we cannot come up with a name in the Bill rather than having some marketing person come along a year from now, or whenever, and come up with a name for it. I would much rather see the name of the agency in the Bill and let us come up with a name that reflects its remit. I do not know if Foréigean Éire is the right one. Violence Ireland is probably not the right title but we need to come up with title that reflects the nature of the agency, the fact that it is uniquely Irish, and the work that it has to do. Rather than leaving that to a marketing bod some time next year, I would much rather see that written into the legislation. I do not know if the Minister is open to that idea but certainly as described in section 5, subsection (1), the Gníomhaireacht is wordy, at best.
The name is just one tiny and probably not terribly important component of this but I anticipate that in the coming years it will form a part of the discourse around this area, among the people who work in this area and who help people who are the victims of this kind of abuse, violence and criminal activity, the victims themselves, as well as the people working in the courts, in the HSE and in Tusla. I know that some functions are going to be transferred over, as part of this process. It is a term and an agency with which we are going to become very familiar over the next number of years.
As I said, I welcome this Bill and the provisions therein. I also welcome the fact that we will have a single point of reference. That is as it should be. The Bill is largely technical. Most of its concerns are around the nuts and bolts of the establishment of an agency, how we pay for that, where it is funded from, what powers it has and all of the rest.One of the really important elements contained in section 38 is the power for the Minister of the day to give directions to the agency regarding policy. We have seen recently with some agencies that are ostensibly accountable to the Oireachtas that sometimes it can be difficult to get answers or to get them to do certain things.
Under Part 3, there is a very clear chain of accountability in that regard. There is accountability to the Oireachtas and the committee as appropriate, and there is a power under section 38 for the Minister to give a policy direction to the agency. This is really important. It means that we are not just putting all this together in a box and sending it on its way, hoping that it will do the right thing. It remains within the gift of the people as to exactly what questions get answered, what policies get implemented and how the agency does its work. That can be done through the relevant committee or through the Minister's office, as appropriate. This is really important power and I welcome the fact that it is written into Part 3 in clear and unambiguous terms.
Regarding the functions of the agency and what it will do that are laid out in Part 2 and none of it is surprising. It does exactly what it says on the tin in many respects, and it does exactly what we would expect it to do. Part 3 and the structures that maintain accountability in the democratic institutions of the State rather than in the semi-State sector, where it is beyond the control of the people, are more important. The provisions of Part 3 are the most important in the Bill because they maintain that clear accountability and responsibility structure.
I do not propose to go on unnecessarily because this is important legislation. It does what we have been anticipating. It is in the justice plan from the Minister's Department and the programme for Government so it has been expected for some time. I welcome the fact that it has come here. I hope the Minister will be open to discussion on Committee Stage about small changes the Senators might have. I also welcome what she said about the idea that this will be up and running in the new year because it cannot come soon enough. This agency has a lot of positive work to do and I look forward to doing that work and delivering results for the people who need it.
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