Vol. 406 No. 1
16 Mr. S. Barrett asked the Minister for Justice his views on whether there is a growing problem of domestic violence against women and that women are very often intimidated into not pressing charges; and if he has any proposals to deal with this problem.
I am informed by the Garda authorities that it is very difficult to assess accurately the full extent of the problem of domestic violence against women in this country. For a variety of reasons many such incidents are not reported to the Garda and even where formal complaints are made victims are often reluctant to come forward and give evidence in court against a spouse or partner. I understand, however, that failure to do so can very often be attributed to social factors, such as financial dependence, or not wishing to break up a family unit, rather than to intimidation.
While a prosecution may be taken in such cases without the co-operation of the victim herself where there is sufficient evidence available otherwise, in practice the victim's evidence is very often crucial to the successful prosecution.
Domestic violence against women is totally unacceptable in any civilised society and the full protection of the law must be afforded to women who find themselves in such situations. Successive Ministers for Justice have recognised the need to afford greater protection to spouses and children and have, in recent years, introduced a number of measures with this in mind.
The Garda authorities are also very alert to the problems referred to by the Deputy and gardaí have, in recent years, undergone specialised training to enable them to deal sympathetically and effectively with the victims of domestic violence. This should give confidence to such victims to approach their local gardaí for assistance if and when required.
My information is that there is growing concern at the increase in the level of domestic violence. Would the Minister agree that because of fear or stress very often women will not press charges and, therefore, nothing happens to the culprits? For that reason, would the Minister consider urgently amending the law whereby the Garda must prosecute in cases of domestic violence? Is the Minister aware that in countries where this has been done the number of incidents of domestic violence has dropped by up to 40 per cent?
With regard to the reported incidents of family disputes, it is extremely difficult to quantify the extent of the problem. However, as an indicator, I can say that in the 12 month period from 1 November 1989 to 31 October 1990 the Garda responded to approximately 3,500 calls involving family disputes in the Dublin metropolitan area alone. In the four month period from 4 November 1990 to 28 February 1991 the Garda responded to approximately 1,508 such calls. These are appalling figures.
With regard to the Deputy's suggestion, it comes down to making spouses compellable as witnesses for the prosecution in cases of domestic violence. In many cases the evidence of the spouse is needed for a successful prosecution. There is an argument in favour of making this compellable but I must say I am not convinced about it because in many instances cases are not followed up as the people involved are anxious to hold the family unit together. I will have the Deputy's suggestion examined in detail and if he would like to come back to me in the House on it I would be delighted to respond to him.
With regard to the measures which have been taken in the past by various Ministers, as the Deputy knows there have been changes in the Family Law (Protection of Spouses and Children) Act and in the barring and protection orders under it. The gardaí have the power to arrest without warrant in cases where there is reasonable cause for believing that a spouse is committing or has committed an offence under that Act. These are very important powers. Recently we discussed in the House the question of rape within marriage. I am very pleased that that legislation has been passed and now has the force of law, backed up by assistance from the State through the Civil Legal Aid Board.
I want to bring in Deputy Owen.
May I ask the Minister if he will give careful consideration to the recent report entitled Sexual Violence Against Women published by the Council of Europe in which they make a number of recommendations? Can the Minister say if he is satisfied that our police stations are properly equipped so that women who make complaints can be sensitively dealt with? The Minister said that there are a number of training programmes for the Garda but is he satisfied that facilities in stations enable women to make their complaints in a confidential way and have them dealt with sensitively? In other words, does he think that separate rooms should be provided for such women?
Considerable sums of public money are provided each year for the improvement of police accommodation. I agree with the Deputy that there is always room for improvement in relation to the facilities provided. We try as far as possible to provide the greatest privacy, care and attention for women who are normally in a very distressed state when they come into stations to report such incidents. As I have already said, the Garda are very alert to the problem. They have undergone specialised training, and that training is being updated all the time. They want to deal as sympathetically and as effectively as possible with the victims of domestic violence.
In relation to the first part of the Deputy's question on European initiatives in this area, on 14-15 March Ireland will be represented by the Minister of State at the Department of the Taoiseach, Deputy Máire Geoghegan-Quinn, at the first international conference of European Ministers on the subject of physical and sexual violence against women. One of the aims of this conference is to agree a solemn final declaration on policies to deal with such violence, and signatories will commit themselves to taking policy initiatives to tackle physical and sexual violence against women.
That disposes of questions for today.
On a point of order, I would like some clarification as to why my Private Notice Question to the Minister for Tourism, Transport and Communications was disallowed on the basis that the matter is not the responsibility of the Minister. It referred to the unilateral decision by An Post to terminate the conciliation and arbitration scheme. Section 110 of the Act dealing with this matter——
Deputy O'Sullivan, you may not proceed along those lines in respect of the decision I have made. If the Deputy is in any doubt as to why his question was disallowed, my office will be glad to communicate with him — indeed I understand they have already done so — but he may not raise it in this fashion now.
I have already been in contact with your office, but I want to highlight paragraphs (a) and (b) of section 110 of the Act which specifically gives the Minister responsibility to intervene in such cases.
Deputy O'Sullivan will accept that the Chair much prefers to allow questions than to disallow them. You may not proceed further in the matter now, Deputy.
I regret that very much because it is an extremely urgent matter. A dispute has arisen and there is no machinery available to resolve it. There is industrial chaos——
I have conveyed my decision to the Deputy. The simple truth is that the Minister has no responsibility in the matter.
I would refer you to section 110 of the Act.
