Vol. 443 No. 1
13 Mr. Currie asked the Minister for Equality and Law Reform when he expects to introduce the necessary legislation to enable barring orders to be extended to adult children involved in domestic violence or intimidation against their parents; and if he will make a statement on the matter.
14 Ms McManus asked the Minister for Equality and Law Reform in view of the commitment made by the Government to revise the law on domestic violence and the recent statements made by a judge (details supplied), the changes, if any, that are proposed; when they are likely to be introduced; and if he will make a statement on the matter.
I propose to take Questions Nos. 13 and 14 together. A comprehensive review of the law in relation to protection of persons from domestic violence has been completed in my Department taking into account recommendations contained in reports of the Law Reform Commission, the Second Commission on the Status of Women and the Kilkenny incest investigation as well as consultations with groups such as Women's Aid. Following on that review detailed proposals for reform of the law in this area, which have been prepared in my Department, have recently been approved by the Government and a Bill is now being drafted as a matter of priority. I envisage that the Bill will become law by the end of the year.
Present legislative provisions contained in the Family Law (Protection of Spouses and Children) Act, 1981 apply only to situations of interspousal violence and violence against any children by either spouse. The proposed new legislation will contain provisions to better protect those and other members of households, including parents, and it will deal also with cohabitants. A new power of arrest in cases of domestic violence will be a feature of the legislation. The full details will be announced in the normal way on publication of the Bill.
As time for priority questions is almost exhausted, we must deal speedily with these supplementaries.
There has been a delay in the drafting of this legislation. As far back as last July it was announced that it would be prepared. When I raised the matter here recently the Taoiseach stated that constitutional implications might be causing problems. Is the Minister satisfied that there are not constitutional implications in regard to this Bill so that when it is passed in the autumn he will not face the embarrassment he faced in regard to the Matrimonial Home Bill? May I ask in regard to my question——
I must exhort the Deputy to be brief as we are dealing with priority questions for which there is a time limit.
It is my understanding that priority questions can extend into time for ordinary questions.
We are dealing with priority questions and the Chair will decide if we will encroach on the time allowed for ordinary questions. We are still in time allocated for priority questions.
I was informed by the Ceann Comhairle that because this difficulty had arisen before——
The Deputy is wasting valuable time for priority questions. Will she proceed?
In the case to which I referred in my question, a man was found beating his wife on the street. When the case went to court the judge stated that, "if she is prepared to put up with this, there is nothing I can do". When this legislation is enacted, will it still be up to the victim to ensure that the man is convicted in such cases or will the legislation ensure that the State cannot simply abandon a victim and not take action to punish a man who is clearly guilty of the offence of beating his wife on the street?
I do not accept the Deputy's suggestion that there was a delay in the drafting of this legislation. The Programme for Government proposed that a measure of this nature would be introduced and indications were given from time to time that the heads of a Bill were being prepared. It was only in the past couple of weeks that the measure was passed by the Government and instructions were sent to the Attorney General to draft the Bill. It would be inappropriate for me at this stage to give specific details of the legislation. The detail of the Bill will appear when it is published. However, I can say that a new power of arrest will be provided for in cases of domestic violence.
There is adequate criminal law legislation in place to deal with violence or assault causing bodily harm carried out by a husband or any other person. Under existing legislation a spouse can also apply for a barring order.
I call Deputy McManus but, again, I exhort her to be brief. I would not do so if it were not necessary. We are in the time allocated for priority questions.
I must state again that the arrangements were changed because the time allocated for priority questions was not sufficient.
I will not debate the matter with the Deputy now, but we are not embarking on that arrangement at this time.
I will debate the matter with you, Sir, later.
If such an arrangement existed, I would agree with the Deputy.
At present only spouses are covered by barring orders. The Minister indicated that cohabitees will be included and he subsequently stated that protection from adult children would be included. Will he agree that in some cases siblings and other family relations can experience domestic violence which will not be covered under the Bill? Why is he including only certain categories? One of the main weaknesses of barring order legislation is that it prevents some people protecting themselves against domestic violence. Why is the Minister perpetuating this by including some categories and excluding others? Why will he not include a more general provision to protect siblings, cohabitees and other categories of people living together who can experience serious domestic violence?
As usual the Deputy is speculating and prognosticating as to what will or will not——
I have only the Minister's words.
——be included in the legislation. With respect, the Deputy should await the publication of the legislation and then examine it. Its provisions will be open for discussion and amendment on Committee Stage and, as the Deputy is aware, I keep an open mind on these matters and will be happy to discuss the parameters of the legislation with her. If the Deputy or any other Member tables an appropriate amendment it will receive serious consideration by me.
