Written answers

Wednesday, 10 November 2021

Department of Housing, Planning, and Local Government

Domestic Violence

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

96. To ask the Minister for Housing, Planning, and Local Government if domestic violence is provided for in national legislation as an antisocial behaviour; and if he will make a statement on the matter. [54809/21]

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

97. To ask the Minister for Housing, Planning, and Local Government if domestic violence is provided for under the Housing Acts 1966 to 2014 as a form of antisocial behaviour; if not, the mechanisms his Department will put in place to include same in order for perpetrators of domestic violence to be taken off local authority tenancy agreements; if so, if it is within the remit of local authorities to implement this distinction and remove perpetrators of domestic violence from tenancy agreements and reform an agreement with the survivor in order that they can reoccupy the primary residence; and if he will make a statement on the matter. [54810/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 96 and 97 together.

The response to Domestic, Sexual and Gender-Based Violence (DSGBV) is a cross-Departmental and multi-agency issue, with overall policy coordinated by the Department of Justice.Responsibility for the overall legal definition of domestic violence rests with my colleague the Minister for Justice.

In relation to Housing legislation, the Housing (Miscellaneous Provisions) Act 1997, as amended, provides for the definition of anti-social behaviour as follows:

‘ anti-social behaviour ’ includes either or both of the following, namely —

(a) the manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts 1977 to 2007),

(b) any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2014 or Part V of the or a housing estate in which the house is situate and, without prejudice to the foregoing, includes —

(i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person,

(ii) behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or

(iii) damage to or defacement by writing or other marks of any property, including a person ’ s home; '

The definition of anti-social behaviour in the Acts covers a range of behaviours that would be considered serious anti-social behaviour. Certain types of domestic violence may be covered by the definition, including behaviours directed at the person e.g. violence, threats, intimidation, coercion and harassment etc.

The Housing (Miscellaneous Provisions) Act 2009 provides for tenancy agreements to be drawn up between the local authority and their tenants. The tenancy agreements include the condition not to engage in anti-social behaviour.

Local authorities are responsible under the Housing Acts for the management and maintenance of their housing stock and the management of their estates, including taking appropriate measures to counter anti-social behaviour. The powers of local authorities in this area were significantly enhanced by Part 2 of the Housing (Miscellaneous Provisions) Act 2014, which provides for the issuing of a tenancy warning requiring that tenants cease any anti-social activity. Part 2 of the 2014 Act also gives local authorities the power to recover possession of their dwellings from households or individuals in serious breach of their tenancy agreements, including engaging in anti-social behaviour. In addition, the Housing (Miscellaneous Provisions) Act 1997 gives local authorities the power to secure court orders excluding individuals engaged in anti-social behaviour from local authority owned houses and local authority estates.

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

98. To ask the Minister for Housing, Planning, and Local Government the sequence of events that transpire after a woman presents in a domestic violence refuge; the pathway at present to provide her with access to secure social housing after the fact; and if he will make a statement on the matter. [54813/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The response to Domestic, Sexual and Gender-Based Violence (DSGBV) is a cross-Departmental and multi-agency issue with overall policy coordinated by the Department of Justice. Responsibility for the development and provision of services to support victims rests with my colleague the Minister for Children, Equality, Disability, Integration and Youth. Statutory responsibility for the care and protection of victims of DSGBV rests with Tusla, the Child and Family Agency.

My Department’s role is to support the work of local authorities and NGOs who provide accommodation support to victims of DSGBV, including capital funding support for the development of new refuges. Under Housing for All, the Capital Assistance Scheme (CAS) will continue to support the provision of new refuges.

In terms of social housing services, in 2017, my Department issued policy and procedural guidance to housing authorities relating to the role they can play to assist victims of domestic violence. The guidance is also a useful reference for service providers, highlighting where they can be of greatest assistance to their clients, covering a range of scenarios that may arise for victims of domestic violence currently in receipt of social housing support and those seeking social housing supports. These include provisions around the use of the Housing Assistance Payment scheme, or the Rental Accommodation Scheme, where a victim has a joint interest in the family home, or ownership of alternative accommodation, but would otherwise qualify for social housing support.

In addition, where a victim of domestic violence applies for social housing support in their own right while still a joint tenant, it is a matter for the relevant local authority to address the contractual issues arising in relation to the joint tenancy agreement. Accordingly, the household may transfer out of their existing tenancy and into a new tenancy agreement with the local authority or they may access an independent tenancy in the private rented sector utilising the various housing supports offered by the State.

The guidance was introduced with the objective of supporting a partnership approach by statutory agencies in respect of the delivery of domestic violence services, particularly in relation to helping to prevent and reduce the occurrence of related homelessness and facilitating the provision of long term accommodation for victims of domestic violence.

In addition to the above long-term supports, a new protocol was established in 2020 between the Department of Social Protection and Tusla, whereby a victim of domestic violence can apply for Rent Supplement, which is a short-term income support, on referral by Tusla or by Tusla-funded service providers. Where an application is made, Rent Supplement will be provided for an initial three months and will not require a means test. Further information is available at www.gov.ie/en/service/fb3b13-rent-supplement/ .

Comments

No comments

Log in or join to post a public comment.