Seanad debates

Tuesday, 1 December 2015

Commencement Matters

Domestic Violence Policy

2:30 pm

Photo of Máiría CahillMáiría Cahill (Labour)
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I thank the Minister of State for coming to the House today.

Recently I have been asked to help with a number of cases specifically around the issue of domestic violence and abuse. One of these cases involves a woman in her fifties who was resident in council accommodation for over 30 years. I do not want to identify her due to the very real danger that she may find herself in, and because of the obvious sensitivities. She found herself in a situation in which she had to leave her home recently after enduring decades of domestic violence. Due to the impending closure of the emergency accommodation she is now living in, she will find herself homeless two weeks before Christmas. She will also find herself way down the housing list as a result, even though she has never missed a payment of rent on the council house that she has lived in for more than 30 years.

Domestic violence affects thousands of people in this country, as the Minister of State will know. An environment needs to be created to encourage victims to leave the danger they are in. As many as 207 women have been murdered in Ireland since 1996. In 2014, Women's Aid heard 595 disclosures of sexual abuse, including 176 disclosures of rape by partners or ex-partners. Out of all of the contacts to Women's Aid, there were more than 1,600 disclosures of emotional, physical, sexual and financial abuse. It is with this in mind that I ask the Minister of State to outline how cases are prioritised in the system. I suggest that the Department introduce a verified points-based system to enable those most in need to achieve safe, secure and permanent housing, rather than taking cases by date order, or a separation of lists, which would mean there was a tangible way of measuring need. Victims deserve protection from domestic violence. Due to the increasing burden being placed on voluntary organisations, which do a great job in providing emergency accommodation, I ask that the Minister of State consider a new approach to the allocation of housing.

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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Again, I thank the Senator for raising this very serious issue, which unfortunately continues to be a blight on society and has a terrible impact on victims and their families. It is important to note that housing authorities do not provide or oversee services specifically designed for victims of domestic violence. Responsibility for the development and provision of services to support victims of domestic abuse rests with the Minister for Children and Youth Affairs, and the delivery of such services is managed through the Child and Family Agency, Tusla.

Victims of domestic violence who seek emergency accommodation from a housing authority are generally placed in temporary accommodation arranged by the council or operated by a voluntary service provider. It is not necessary for such persons to go on the general housing waiting list to avail of short-term emergency housing. Such support can be provided where victims of domestic violence meet the homelessness definition set out in the Housing Act 1988, which is not prescriptive and in practice will generally include victims of domestic violence.

Where victims of domestic violence need continued State support to meet their housing needs, housing authorities are encouraged to work with all service providers to ensure that a victim's housing eligibility and need is assessed in a timely manner. This assessment is carried out in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, which includes a review of the suitability of the household's current accommodation having regard to a number of considerations, including particular household circumstances or on exceptional medical or compassionate grounds. This provision allows a housing authority to consider victims of domestic violence as having a housing need and allows them to be placed on a housing list where all other criteria are met.

The allocation of social housing support to qualified households is a matter for individual housing authorities in accordance with their allocation schemes made under section 22 of the 2009 Act. Each housing authority is required to make an allocation scheme specifying, among other things, the manner of, and the order of priority for, the allocation of dwellings to households and classes of households on the waiting list.Allocation schemes may also contain provisions for exceptional or emergency cases, allowing immediate housing outside of normal waiting list priorities, should circumstances warrant it.

While the allocation of support is a matter for individual local authorities, the 2009 Housing Act provides that the Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority is required to comply with any such direction. Using this power, the Minister, Deputy Alan Kelly, issued a direction, which applies until 31 January 2016, to key local authorities requiring them to prioritise homeless and vulnerable households in the allocation of tenancies under their control. Victims of domestic violence who are considered homeless by the housing authority or who are in accommodation that is considered unsuitable, on exceptional medical or compassionate grounds, and who are qualified for social housing support on or before 1 June 2015 may benefit under this direction.

I am satisfied that the current provisions and arrangements provide local authorities with appropriate mechanisms to ensure that sufficient priority is afforded to victims of domestic violence and other vulnerable groups. In addition to the current provisions, which allow for the adequate prioritisation of victims, my Department is involved in a number of initiatives which support victims. Under my Department's capital assistance scheme, support may be provided through housing authorities towards approved housing bodies, AHB, costs in providing accommodation for persons that are qualified for social housing supports that may have particular accommodation needs. There are a number of AHBs which have an emphasis on providing suitable accommodation to victims of domestic violence. It is a matter for individual housing authorities to prioritise the projects to be advanced under the capital assistance scheme. Furthermore, Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which was established in 2007 as an executive office of the Department of Justice and Equality, works to ensure the delivery of a co-ordinated response to issues of domestic, sexual and gender-based violence across Government. My Department continues to liaise with Cosc on the development of a second national strategy on domestic, sexual and gender-based violence, which should be finalised shortly. While there is no proposal to redefine victims as a specific category of prioritised housing need, my Department will commit, under this strategy, to develop guidance for housing authorities to ensure effectiveness and consistency in local authority responses for victims of domestic violence.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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I thank the Minister of State. Does Senator Cahill have a question?

Photo of Máiría CahillMáiría Cahill (Labour)
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I welcome the Minister of State's comprehensive answer. I note with some concern that the direction made by the Minister only extends to 31 January 2016. I will obviously be calling on that to be extended for much longer. We are talking about the need to remove barriers for those who urgently need to leave their homes. We are not talking about emergency accommodation but about long-term, safe and secure accommodation. With that in mind and while all of this is welcome, I believe that a national direction should be given in order to have a systematic, joined-up approach. In addition, some sort of regulated, uniform thinking is required among those allocating housing to assist based solely on need. This is one category of victims which should absolutely be based on high priority housing need. Would it be possible, therefore, to get a commitment that there will be some degree of creative thinking nationally, instead of dealing with such problems locally? In the case I am dealing with, it is clearly not working.

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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I am mindful that we sometimes need housing bodies to have a degree of flexibility. A local solution to a local problem is often the best way to go. Given that the Department is liaising with Cosc in developing a second national strategy on domestic, sexual and gender-based violence, which will be finalised shortly, perhaps the Senator might wait to see what that strategy contains. I could, perhaps, assist the Senator in working with the Minister to see how we can get a better recognition of domestic violence in that strategy.I am mindful of not weighting things too much. Sometimes when we make changes we have to be careful about unintended consequences for another cohort of people. Perhaps we can wait and see what the strategy says and we will continue to work on it.