Paul Gavan (Sinn Fein) | Oireachtas source

I apologise that I could not be here for the Minister's speech but I have read through it. Earlier this year the National Women's Council published its report, prepared in conjunction with the Department of Justice, into domestic and sexual violence with a specific look at the intersection of the criminal justice, private family law and public law childcare processes. I will begin by highlighting a few points from that report.

What is clear from the report is that the difficult and terrible experiences that women, children and some men are experiencing as victims of domestic and sexual violence is made worse by their experiences in the justice system. While they emotionally are managing the impact of the violence on their mind and body, the most vulnerable and hurt people are also being entangled in a bureaucratic system, which if properly redesigned could actually help them and wider society. The system currently in place causes secondary traumatisation for the victim.

The report also reminds us that children are particularly vulnerable growing up in the middle of domestic violence circumstances whether they are directly abused or indirectly abused by living in an abusive home. The Child and Family Agency in 2015 noted that more than 40% of cases of domestic violence abuse involved children who are directly abused physically or sexually. The report identifies overlapping between the three systems: the criminal justice process, the private family process and the public law childcare process.

In addition to the problems caused by overlapping, the systems work in isolation from each other and information sometimes vital to the victim's case is lost in the gaps and lost to the attention of the judge adjudicating in the case. On this specific area of concern the report recommends a more victim-centred collaborative approach between the various legal processes while being mindful of the rights of the alleged perpetrator. This approach should improve the victim's experience with the various processes and the outcomes because the decision will be based on the best possible evidence. The report also helpfully reminds us of the societal context of domestic and sexual abuse by quoting from the preamble to the Istanbul Convention, which is a Council of Europe convention, preventing and combating violence against women and domestic violence. It locates the violence in the reality of inequality between women and men and recognises that "violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women". The Istanbul Convention has been operating in this State since 2019.

The Bill is laudable and welcome but it will be assessed on what it delivers. It seeks to establish an agency under the remit of the Department of Justice dedicated to deliver on commitments under zero tolerance in the third national strategy on domestic sexual and gender-based violence. It includes: refuge accommodation; services to victims and persons at risk; standards for funded services and monitoring compliance; delivering relevant government plans; public campaigns aimed at raising awareness about domestic and sexual violence and reducing its prevalence; and carrying out ongoing research to support the development of future policies and programmes.

During the pre-legislative scrutiny of the legislation, groups working in the sector raised issues of concern to do with diversity and cultural sensitivity within the agency's board and its practices. Other issues of concern include the need for a clause in the agency's remit to give it the powers to compel other agencies to be involved in a whole-of-government approach and a meaningful collaboration between NGOs and the agency. In the context of accepting direct ministerial of direction, there is a need for rigorous independence regarding the accountability and reporting functions.

The Government needs to fulfil its obligations with respect to the Istanbul Convention and the Government's own strategy for eliminating the epidemic of domestic, sexual and gender-based violence we are experiencing in this State. More needs to be done to protect vulnerable witnesses and complainants in the justice system. Training and more resources for gardaí and others who deal directly with victims is required. Incidents such as the failure of Tusla to refer 365 suspected abuse cases in County Kerry to An Garda Síochána must not be repeated. The need for urgent and safe accommodation must be given full priority. Tusla published a report on refuge accommodation for victims 15 months ago, yet in nine counties where there was no refuge, there has not been any significant change. Victims in these counties are serviced by ad hocarrangements with one or two houses for populations of more than 60,000 people.

The Ombudsman for Children in his 2022 report said that in the Government's two previous plans insufficient attention was paid to children affected by domestic violence and sexual abuse. The ombudsman called on the Government to adequately fund this, its third plan, yet no new funding has been provided. There is a need for a new curriculum for social personal and health education. This curriculum must include consent, gender power dynamics and domestic, sexual and gender-based violence. It is clear that the Government, society, political parties and those working in this area face a huge undertaking but it is also a worthwhile undertaking and a challenge just to get the response right at different levels. To make our contribution to that end, Sinn Féin will support the Bill to Committee Stage and we will examine the amendments at that point.