Vol. 440 No. 5
6 Mr. Molloy asked the Minister for Equality and Law Reform the progress made in relation to the introduction of legislation giving gardaí new powers to remove an aggressor from the home; and if he will make a statement on the matter.
29 Miss Harney asked the Minister for Equality and Law Reform his views on the annual report of the Cork Catholic Marriage Advisory Council which states that men are violent towards their partners because of the gain in power and control experienced; and that there is little social sanction or consequence involved.
I propose to take Questions Nos. 6 and 29 together.
I take this opportunity to pay tribute to the work of the Catholic Marriage Advisory Council throughout the country for its excellent work in counselling and assisting the increasing number of couples who are experiencing marital difficulties of one sort or another.
Although I have not had the opportunity of studying in detail the report to which Deputy Harney's question refers, the conclusions reached in the report appear to be similar to those reached on the question of violence against women at the Third European Ministerial Conference on Equality which I attended in Rome in October 1993. That conference pointed to a common thread in the cultural attitudes in all countries which is linked to violence against women. Basically, it is the idea that women are inferior to men and, therefore, subordinate to them; that the woman is in some sense the "property" of her husband or male partner. The conference concluded that violence is an expression of a power relationship, though it may also be the result of a specific psychological disorder. While the view was also expressed at the conference that such factors as education and media portrayal of male and female stereotypes have a role to play in addressing this problem, it was acknowledged that the main focus has to be on having a proper legal framework, civil and criminal, to deal with the offender.
The necessary legislative provisions have been put in place in this country over the past number of years by way of legislation on barring and protection orders, child care, rape and indecent assault and the giving of evidence by spouses. While the civil law aspects, that is to say the law on barring and protection orders are the responsibility of my Department, criminal law aspects are the responsibility of the Minister for Justice and the law on child care is the responsibility of the Minister for Health. There is considerable co-operation between the relevant Departments in these areas and the law is under continuous review to ensure that it provides an adequate response.
The recent establishment of the woman and child unit by the Garda Síochána is evidence of their commitment to the involvement of the gardaí in cases of domestic violence. As recently indicated by the Minister for Justice the question of amending the criminal law to strengthen the powers of arrest of the Garda in such cases is being considered by her Department.
The most widely availed of remedy in cases of domestic violence is a barring order. The remedy is limited at present to situations of interspousal violence, including violence against children by either spouse — it does not apply to the increasingly common situation where couples, although not married to each other, are living together as husband and wife. While women in this situation have at their disposal the remedy of an injunction, the procedure is more expensive as jurisdiction in these matters is confined to the higher courts. The Government is committed to extending to these women the right to apply for a barring order.
The Government is also committed to amending barring order legislation to further strengthen its provisions. Proposals in this area are at an advanced stage of preparation in my Department and the details will be announced in due course. The legislation will take into account representations by interested groups and recommendations contained in reports of the Law Reform Commission, the Second Commission on the Status of Women and the Kilkenny Incest Investigation.
The Family Law Bill, 1994, which I initiated recently puts the role of the probation and welfare service and health boards in family law cases on a statutory footing. This provision will be of particular importance in the context of cases involving domestic violence.
That was a fulsome reply. What does the Minister mean by "in due course"? When can we expect the legislation? The matter is urgent. A report from the Northern Ireland Women's Aid stated that a similar policy implemented by the RUC did not make the impact for which they had hoped. They point to a number of areas that must also be covered and these include ensuring the woman's safety between the time of the man's arrest and the trial; dealing with verbal and emotional abuse; alternatives to prosecution where the woman wants the abuse to end but not the relationship; group therapy or other measures which would reduce the likelihood of the man abusing other women and counselling for women at the early stages of abuse. This is quite a big package. We need the legislation quickly and the package that must come as a result of it.
Preparation of the legislation is at an advanced stage but I doubt if it will be brought forward this session.
I hope it will be introduced next session and receive a speedy passage through the House.
Deputy Molloy's question referred to the role of the Garda and giving them new powers to remove the aggressor from the home. That matter will be dealt with in the Bill. It is not a matter on which the support agencies are in universal accord and it would have limited relevance. I am determined to provide for women, spouses as well as those in non-marital relationships, the maximum possible protection in violent situations. I am concerned that as the law stands they are confined to seeking an injunction, which in most cases is useless, because it involves a great deal of expense and delay. I regard it as particularly important that the barring order procedure should be extended to their situation.
The Minister said he hoped to extend the barring order procedure to cover women in non-marital relationships. What is as important, if not more important, is the enforcement of the legislation. It is all very well for the Minister to read from his lengthy reply and refer to initiatives to be taken at some time in the future but will he deal specifically with the enforcement of the law during a breach of the barring orders? Do the Garda Síochána have a code of practice to deal with domestic violence? Is the Minister satisfied that gardaí throughout the State operate a uniform system in dealing with domestic violence and that the gardaí in Dublin do not act differently from those in other parts of the country? Is he prepared to allay fears in the community that gardaí may have different regulations depending on the attitude of the local superintendent or inspector?
If a court, normally the District Court, makes a barring order and the gardaí are notified of a breach of that barring order, the man is supposed to be immediately arrested by the Garda. I have no information to suggest that the procedure which is laid down is not operating other than in a proper manner throughout the country. If the Deputy has reason to believe that the Garda are not operating in accordance with the procedures laid down I suggest he communicates with the Minister for Justice who has responsibility for the operation of the Garda Síochána. I have no information that this is not working well and from my days in practice, I know it certainly worked well in the Dublin area.
Is there a uniform code throughout the country?
The Deputy will have to ask the Minister for Justice.
Will the Minister reconsider his statement on extending barring orders to include relationships other than that of spouse? I suspect that in cases of domestic violence spousal relationships are probably now in the minority or certainly close to 50 per cent.
That is putting it too strongly.
Obviously the Minister will include cohabiting couples but does he intend to include domestic violence between siblings or between parents and their adult offspring? I know of a case where a mother experienced considerable domestic violence from her grown up son. It would be a great pity if cases were excluded because of a new definition of who is eligible to seek a barring order.
The Minister indicated that different views are taken on removing the aggressor. What are his views on this subject? It would fundamentally challenge the culture where women are considered to be inferior, if the aggressor was removed from the house rather than the women and children having to leave the house in a time of crises when domestic violence occurs.
Does he intend to put in place a strategy that will encompass the Department of Justice and other Departments to deal with the crime of domestic violence? I recommend that the Minister examines the role of the gardaí in this instance because in many cases they may not be equipped to deal with a very difficult situation.
All aspects of the matter raised by the Deputy are being considered by my Department in consultation with the Minister for Justice who deals with criminal aspects, I deal with the civil and family law aspects. The question of extending the barring order procedure beyond the couple is being considered but I cannot give any definitive response yet. The issue of the involvement of the gardaí is being considered seriously and I am consulting the Minister for Justice to see how it could usefully be of assistance in cases of serious domestic violence in certain circumstances. Normally the person who has been assaulted would apply for a barring order quickly but in certain situations that may not be possible for one reason or another, for example in cases of serious intimidation and in that case other remedies might have to be provided. All these matters are being considered and will be included in the legislation to deal with domestic violence.
The Minister stated that his involvement relates to the civil aspects of the problem. Do barring orders have implications for the ownership of the matrimonial home or dwelling? If the object of the barring order is to remove the aggressor from the property following a violent incident could the aggressor contend that as it is his house the women has no right to be there? How do ownership rights dovetail with the desirable right of the State to remove the aggressor from his home?
Deputy O'Donnell has highlighted one of the potential complexities in legislation and it is one of the aspects we are considering. No question of ownership arises from seeking a barring order and where a husband is barred from the family home it does not affect his ownership as he is simply barred for a period of time. The question of his title or ownership of the dwelling does not arise in connection with the legislation we are discussing here. That is a different aspect of the law.
