Seanad debates

Wednesday, 15 November 2023

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

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank all Senators for their contributions and for their broad support for the legislation. Most of them have alluded to the concerning figures and the facts that are very clear. To be honest, the figures that we see, even with the increase in those coming forward, are probably just the tip of the iceberg. There is a perception that we are seeing an increase in cases. However, we could look at it in a more positive way in that it is actually an increase in the number of women coming forward and reporting those cases. Either way, the numbers are too high and there is so much more that we need to do not just to respond and support the women, children and, indeed, men who are victims, but to try to prevent this absolutely abhorrent crime from taking place.

I will try to respond to the issues that have been raised. In terms of the name of the agency, it is something that I would like us to be able to do, not anybody else. It is something I will bring forward at a later stage. Obviously, I want the agency up and running as quickly as possible in the new year. That is why it is really welcome that the Department of Public Expenditure, National Development Plan Delivery and Reform has approved the various different posts. Interviews are taking place this week for the CEO position. The role of the Public Appointments Service in the nomination for the board is under way as well, so everything that needs to happen is happening. The passage of the legislation will allow for the agency to be up and running in the new year. That is what everybody here wants.

It needs to be funded for it to be up and running and effective. I absolutely appreciate that. Money that was going directly into Tusla for the delivery of services is now transferring to my Department, and we will transfer it to the agency. Funding has doubled in the past three years alone. My expectation and ambition is that will continue to increase because that money is going directly back into the services that are already being provided on the ground. The wider strategy in itself is a funded strategy. It is a €363 million strategy. That has been committed to by Government over the lifetime of the strategy. It is not just the agency that needs funding, but all of the other actions as part of that, in particular the refuges and accommodation.

In terms of the services that are working, most Senators alluded to the amazing work that is being done by organisations such as Safe Ireland, COPE, Teach Tearmainn and the Meath Women's Refuge in my own constituency and county. This work has been done tirelessly, in a very silent way, for many years. It is important that work is acknowledged by each and every one of us and that those organisations continue to have a role in the agency and the roll-out of the strategy. It was absolutely vital for me, in the development of the zero-tolerance plan and the establishment of the agency, that there was a collaborative approach. That will continue with the development of the agency. What we have stated specifically is that all relevant bodies will be engaged with. It was the language that was put to us by the Office of the Parliamentary Counsel, but it is very clear that it relates not just to State agencies but also the organisations, the NGOs and the bodies that are working on the ground. They must continue to have an important role.

On some of the questions that Senator McGreehan asked, I have engaged with Safe Ireland quite a bit on the definition of "refuge and accommodation", multiagency funding and the policy-generating function. The multiagency funding will be put in place, so it will not be provided on a year-to-year basis. There will be a multi-annual structure so that organisations can plan for the future. The reason it has not been put in place yet is that we are developing a new online system that will form part of the agency. Once the agency is up and running, those structures will be put in place. I am absolutely committed to making sure there is a multi-annual funding approach and that organisations can plan for the future.

On the definition of refuge and accommodation in the roll-out, a huge body of work is under way in collaboration with the Departments of Housing, Local Government and Heritage, Children, Equality, Disability, Integration and Youth, Public Expenditure, National Development Plan Delivery and Reform, my own Department and others, including Safe Ireland, to make sure that we have the right type of housing and accommodation. All of this will form part of the work of the agency.

In terms of policy generation, it is important that Government and the Minister retain the function of delivering policy and putting in place policy. At the same time, this agency will have an absolutely crucial role in helping to shape that policy. Its remit in gathering information and data in itself is important. One of the comments from GREVIO was that we do not have enough data. The more data that we have, the better policies, laws and changes we can put in place. They will undoubtedly play a key role in developing policy.

On the points raised about the justice system not working, it is a massive challenge where we have civil cases, criminal cases and potentially child access cases happening, and none of them talking to each other. There are a number of ways in which we are trying to address that. There are clear actions in the zero-tolerance strategy, and work is under way to look at how we can create an overlap so that there is not that disconnect between the courts. Second, there is more of an emphasis on children on this strategy than there has been in any other strategy, acknowledging that they themselves are victims, whether they have been physically abused or assaulted or not. By being in the very home, they are victims themselves. That needs to be accepted and understood by all of those who are engaging with victims, including the Garda, the legal profession, the courts, the Judiciary, health professionals and others. That is why training is huge part of the zero-tolerance strategy, as well as specific actions for children.

Separate to that, a new Family Courts Bill 2022 is going through the Houses that will allow for a family court structure where we will have judges whose sole role is to deal with family law. Again, there will be an onus and responsibility on them to take into account the child's position in all of this. Separate from that, we have a family court strategy. There are specific and clear actions around children, how they should be engaged with and how they are impacted by family law matters, as well as where there is an overlap with domestic and sexual violence. There is a huge amount of work that needs to be done, and that is all encompassed in a number of different strategies that are all developing at the moment.

In terms of the overall figures that have been mentioned, such as those regarding legal aid, I absolutely take that point. That review is under way at the moment and will look at all elements of legal aid that are provided. Obviously, we have extended legal aid to support victims who are going through the criminal justice system. Supporting a Victim's Journey was the very first strategy I launched as Minister and its sole focus is to improve the criminal justice system for victims as they go through it, in particular, those who are vulnerable and those who are victims of domestic and sexual violence. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which will be before the House shortly, responds to a number of amendments in that strategy around anonymity, providing additional supports and making the process easier as well as making sure there is relevant training for those who are working with and supporting them. It is also about supporting organisations that provide great support to people. We heard recently about the role that Victim Support at Court plays in working with families and supporting those who are going through a very traumatic and difficult court process.

Challenges have been raised by the Group of Independent Experts on Action against Violence against Women and Domestic Violence, GREVIO, some of which are related to sentences. Only in the past two weeks, as has been referenced, we increased sentences and made stand-alone offences, for stalking and non-fatal strangulation. We have increased the sentence for assault causing harm, which is one of the most significant crimes when it comes to domestic violence, from five to ten years, acknowledging that these are very significant crimes. A huge amount of work is under way, therefore, and the agency will be leading in the delivery of this. I was asked about what happens if somebody does not engage. We have put a clear structure in place and while the strategy itself will be delivered by the agency, it will be accountable to the Department of the Taoiseach. There is a structure whereby the Secretary General of my Department will meet regularly with the Secretary General of the Department of the Taoiseach and those regular updates will go to the specific committee that is chaired by the Taoiseach. There is, therefore, accountability at the very top level where agencies, or anybody who is prescribed in this legislation, are not engaging with the strategy and the agency to deliver this. We need to make sure there is accountability.

Finally, on the issue of refuges and accommodation, I appreciate there is a feeling that things are moving too slowly and that in the nine counties Members have mentioned there is no progress. In the past, refuges have developed where individuals on the ground and organisations have come together and done it themselves. Where there is not that capacity and where there is not a service provider in an area, there simply is not the ability to develop a refuge and accommodation service. As I mentioned in a structure previously, my own Department worked with the Departments of Housing, Local Government and Heritage, Children, Equality, Disability, Integration and Youth, Public Expenditure, National Development Plan Delivery and Reform, and Finance on putting in place a template and structure to allow for refuges to be developed in areas where they do not currently exist. We have provided funding not just in the previous budget, but in the most recent budget, to put individuals in place to help drive the delivery of these new services. They will identify who can deliver the service, where there is a site, how we can buy it and who we need to engage with on the ground, etc. A lot of progress has been made in the areas where we do not have refuges and accommodation. In the coming weeks, I will announce funding specific to those areas to appoint an individual to further progress the delivery of these. It is slow but if it were the case of building a building on its own, it would have been done yesterday. However, this is a matter of having the right service provider and having the right types of supports and services in place. The bricks and mortar are really the easiest part of it. It is all the other pieces that need to come together. I know that Members will know that, and I appreciate sometimes it feels as though it is moving too slowly. However, once we have the structures in place, everything else will be able to move much more quickly. We will see even more than those nine counties developing because we need to expand, even where there is accommodation at the moment.

In general, I appreciate Members’ support for the Bill, which I hope will pass through the Houses as quickly as possible. At the same time, I am very open to engaging with colleagues on amendments or ways in which we can always improve what is before us.

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