Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 403: To ask the Minister for Justice and Equality if he will amend the Domestic Violence Act 1996 to include clear criteria to grant safety and barring orders and extend eligibility to all parties who are or have been in an intimate relationship regardless of cohabitation, in line with internationally recognised best practice. [35578/11]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that significant reforms to the Domestic Violence Act 1996 have been introduced over the last two years. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 allows civil partners to apply for a safety order or a barring order subject to the same rules as a spouse. Further reforms were introduced by me in the Civil Law (Miscellaneous Provisions) Act 2011.

That Act removed the minimum required period of cohabitation before one of a cohabiting couple may apply for a safety order (previously, the applicant was required to have resided with the respondent for at least six of the previous twelve months) and gave equal access to the protections of the Domestic Violence Act to opposite-sex and same-sex couples (the relevant provision previously referred only to couples "living together as husband and wife"). The 2011 Act also widened the scope of section 2 of the 1996 Act, which specifies who may apply for a safety order, to enable a person to obtain a safety order against a person with whom they have a child in common. This is the only exception to the general rule that the protections available under the Domestic Violence Acts are for the benefit of persons who have lived together in the same household.

Where persons have been in an intimate relationship but have not cohabited, and where one of them is threatened, harassed, intimidated or otherwise put in fear by the other person, the criminal code applies. In particular, a court may make an order under section 10 of the Non-fatal Offences Against the Person Act 1997 directing that other person to cease the behaviour complained of.

The Programme for Government includes a commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims. The commitment will be progressed as soon as possible having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department under the EU/IMF Programme of Financial Support for the State.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 404: To ask the Minister for Justice and Equality if he will allow migrant women with dependant immigration status who are experiencing domestic violence to be afforded independent status under legislation and be facilitated to access the labour market and-or the social welfare system. [35579/11]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service that at present the situation with regard to Non-EEA women in the situation outlined by the Deputy is that each applicant is dealt with on a case by case basis and independent status is granted where the known circumstances of the case warrant it. In considering the circumstances of each such application every effort is made to ensure that the most appropriate permission stamp is granted consistent with overall public policy and the requirement to ensure that the integrity of the immigration system is upheld.