Pat Buckley (Cork East, Sinn Fein)
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587. To ask the Minister for Housing, Planning, and Local Government his Department's interpretation of barring orders and exclusion orders in the context of local authority tenancies, and the consequences for a respondent named on a tenancy. [52028/25]

Pat Buckley (Cork East, Sinn Fein)
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588. To ask the Minister for Housing, Planning, and Local Government if local authorities have a statutory responsibility to remove a respondent subject to a barring order or exclusion order from a joint tenancy; and if not, the reforms that are being considered. [52029/25]

Pat Buckley (Cork East, Sinn Fein)
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589. To ask the Minister for Housing, Planning, and Local Government how barring orders or exclusion orders are disclosed to local authorities, and whether a system is in place to ensure timely communication between the Courts Service, the Gardaí and local authorities. [52030/25]

Pat Buckley (Cork East, Sinn Fein)
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590. To ask the Minister for Housing, Planning, and Local Government if local authorities are currently obliged to remove perpetrators from a tenancy where a barring order is granted; and if not, whether legislation is being considered to mandate this. [52031/25]

Pat Buckley (Cork East, Sinn Fein)
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591. To ask the Minister for Housing, Planning, and Local Government the supports that are provided to victims and their families in cases where a perpetrator refuses to voluntarily surrender their tenancy despite a barring or exclusion order. [52032/25]

Pat Buckley (Cork East, Sinn Fein)
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592. To ask the Minister for Housing, Planning, and Local Government if his Department is considering legislative change to allow victims and families to remain in the home, with the perpetrator legally removed from the tenancy. [52033/25]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 587 to 592, inclusive, 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 development and provision of services to support victims rests with my colleague the Minister for Justice working in conjunction with Cuan, the statutory DSGBV agency under the remit of the Department of Justice. My Department currently provides capital funding support for the construction of new Domestic Violence Refuges, via the Capital Assistance Scheme.

In terms of housing supports, applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

It is a matter for the local authority to determine the most appropriate form of social housing support for that household in the administrative area of that local authority. Decisions on the allocation of social housing support are a matter solely for the local authority concerned. Each application must be considered on its own merits and the individual circumstances taken into account. Local authorities will prioritise allocations to those households they consider to be most in need, which can include victims of domestic violence.

In 2017, my Department issued policy and procedural guidance to local authorities relating to the role they can play to assist victims of domestic violence. The issuing of this 2017 policy and guidance was a significant action in the second national strategy on DSGBV 2016-2021, and has since played an important role in addressing the housing needs of victims and survivors of DSGBV, providing direction to local authorities in supporting victims of domestic violence. It covers 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.

Furthermore, 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.

In addition to the above supports, a new protocol was established in 2020 when the Minister for Social Protection agreed to make rent supplement more accessible to victims of domestic violence. This measure aims to ensure that they are not prevented from leaving their homes because of financial or accommodation difficulties.

In June, 2022 the Department of Justice published Zero Tolerance, the Third National Strategy on DSGBV 2022-2026. As an action in this strategy, my Department committed to a review of the 2017 Policy and Procedural Guidance for Housing Authorities in relation to assisting victims of domestic violence with emergency and long-term accommodation needs in order to ensure continuing effectiveness and consistency in responses to assist victims of domestic violence.

Work is ongoing on updating the 2017 Guidelines to clarify that housing authorities should support the victim to remain in the home or return to the home wherever possible once it is safe to do so and it is the victim’s preference.

Cuan, the new DSGBV Agency was established in January 2024 will coordinate the implementation of the Strategy. A new implementation plan for 2024 was published 1 April 2024. Under this plan, my Department is leading on updated Action 2.3.5: "Examine the current legislative position on assisting victims of Domestic Violence with emergency and long term accommodation needs. For example in cases such as joint housing tenancy. Consider what guidance can be provided and whether legislative change is appropriate".

An examination of the current housing legislative position regarding joint social housing tenancies has taken place, however further work is required to consider the implications of the review, including whether legislative change is appropriate in such cases. This is a complex area and requires detailed and careful analysis, which is ongoing.