Seanad debates

Wednesday, 15 November 2023

Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Second Stage

 

10:30 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I am glad to support the Bill. I commend the Minister and the Government on the work they have undertaken on the Bill over the past few years. The establishment of this agency will be an essential next step in the achievement of zero-tolerance policy to DSGBV in Ireland.

Many of my colleagues have spoken about the stark numbers of people in Ireland who have been victims of domestic and sexual-based violence. The Central Statistics Office 2022 sexual violence survey found that 40% of adults experienced sexual violence in their lifetime, with women experiencing significantly higher levels than men. The same survey also identified concerning trends in the experiences of sexual violence by younger people with 22% of 18- to 24-year-olds having experienced sexual violence compared with just 8% of those aged 65 and over. That statistic concerned me in the sense that we have the belief we are moving into a space where there is more awareness, more conversation, and being able to identify it more. Yet, the trends of younger people actually experiencing sexual-based violence is quite high.

The 2022 report of the Courts Service also identified a 15% increase in domestic violence applications before the court since 2019. These statistics are reflective of the broader international trends but speak to the need for expedient and resolute action to be taken to reverse them.

My first point relates to the need for the agency to be independent in its function, to be well resourced and to contain adequate expertise and experience within it. The statutory agencies independent of Government can have a real and significant impact through their work. Let us consider the work of the Combat Poverty Agency, for example.To do this requires that the agency is equipped with the functions and resources to do this meaningful and important work. The fact that the Bill places on a statutory footing the responsibility of relevant public bodies to co-operate with the agency in support of their domestic, sexual and gender-based violence, DSGBV, duties is a welcome provision in this regard. I ask the Minister to clarify what would happen in the instances where a public body did not fulfil its responsibility to co-operate.

On the expertise and experience of the agency, I welcome that the Minister has included representation on the board of the agency of persons with the relevant experience of domestic or sexual-based violence matters in line with the recommendation made by the Oireachtas Joint Committee on Justice in its pre-legislative scrutiny of the Bill. I know some stakeholders have concerns about the relatively small number of ordinary members on the board, given the broad scope of their functions, and I ask the Minister if consideration could be given to providing for a modest increase to the ordinary membership of the board in light of this.

The issue of access to refuges is a significant one. We have a situation in Ireland wherein nine counties do not have a refuge facility. This creates a scenario wherein the support available to victims will vary depending on where they live in the country, which is inexcusable. Because of this, victims of violence will often remain living with their violent partner for longer than they might otherwise have, posing significant additional risk of harm to them, and in certain cases, to their children. I welcome the fact that the new agency will support the delivery of refuge accommodation but there is another significant issue which impacts a person's ability to leave a violent home environment that must be acknowledged and that is the housing crisis.

The housing crisis has been recognised by DSGBV organisations as having a significant impact on the ability of victims to find safety. While increasing access to refuge places is critical, we also need to consider the longer-term housing needs of those fleeing violence at home. We have a situation where women who leave refuges have nowhere to go, other than to return to the home environment where they were subject to abuse. We have to do so much better by victims of violence and meeting their housing needs has to be the first step so they can begin to rebuild their lives and provide safety for themselves and their families. I would also like to stress the fact that our homelessness figures do not include those accessing refuge accommodation, which should be corrected, given that domestic violence is a leading cause of homelessness, particularly among women.

I would also like to discuss free legal aid and the possibility for same to be granted for all domestic violence cases before the courts. In order to qualify for free legal aid your annual disposable income must be less than €18,000 and your disposable assets must be less than €100,000 in value. I know that a review of the civil legal aid scheme is already under way and I would like to place on the record a call for the thresholds to be increased across the board and for victims of domestic violence to have mandatory access to civil legal aid, taking into account the often compromising financial positions that victims of abuse can find themselves in.

Before I finish I would like to stress the urgency of the development of the new purpose-built family court complex for Dublin at Hammond Lane to replace the existing outdated and under-strain family law facilities at Dolphin House, Chancery Street and Phoenix House. This new complex will crucially include within it a range of services that operate in the area of family law, including mediation and domestic violence support services. We have been looking at a hole in the ground at Hammond Lane for more than ten years. Reporting during the summer found that construction is not estimated to commence before 2026. I ask the Minister to advise on the nature of the significant delay to this crucial project. What actions are being undertaken to expedite it?

I note the passing of the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 in this House two weeks ago, which has intersections with the area of domestic violence and sexual abuse in terms of perpetrators. When that hopefully passes through the Dáil, it will go some way to challenging people. I know it is about employment and not life within the home but it is part of that larger and wider conversation about how we talk about abuse and power and who can and cannot hide from being accountable for their abuses of that power. I reiterate my broad support for the Bill and for it to be dealt with expediently by this House. Notwithstanding this, I reserve the right to introduce amendments in the coming weeks to respond to some of the concerns raised, particularly by the relevant stakeholder groups.

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