Pat Buckley (Cork East, Sinn Fein)
Link to this: Individually | In context

728. To ask the Tánaiste and Minister for Justice and Equality if consideration has been given to amending domestic violence legislation to strengthen links with tenancy law, ensuring that perpetrators are legally removed from the home, rather than victims being forced to leave. [52036/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

The Government and I recognise the serious impact that domestic abuse can have on housing security for victims of such heinous behaviour.

Current legislation provides, under the Domestic Violence Act 2018, that the court shall not make a barring order in respect of the place where the applicant resides where the respondent has a legal or beneficial interest in that place and the applicant has no legal or beneficial interest, or the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent.

In relation to residential tenancies, the Residential Tenancies Act 2004 sets out the interest in property held by tenants and the provisions regarding security of tenure. Section 28 of the 2004 Act provides for the same legal protections between any tenants who have been occupying the dwelling under a tenancy for a period of six months.

An emergency barring order under s 9 of the 2018 Act is possible and does not require the above property test to be satisfied before a respondent can be directed to leave the place where the applicant resides. An order under s 9 may not exceed 8 working days and a further emergency barring order may be made against the respondent within a month of the expiry of a previous barring order, where exceptional circumstances justify this.

I am aware that the effect of these provisions can create great difficulties for victims. That is why I am committed to ensuring that victims and survivors are protected and supported, and that the burden of leaving the family home does not fall on those experiencing abuse.

My Department is examining proposals to develop a policy on removal orders to take offenders out of the home in high-risk cases, subject to legal considerations.