Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 14 May 2014

Vol. 841 No. 2

Domestic Violence (Amendment) Bill 2014: First Stage

I move:

That leave be granted to introduce a Bill entitled an Act to amend the Domestic Violence Act 1996 to provide protection to applicants who have been prohibited from availing of social housing by virtue of the applicant’s legal or beneficial interest in the residence in which the applicant and respondent previously resided.

This Bill has been drafted in response to an anomaly in the current law. Under the existing legislation, it often is the case that a victim of domestic violence is living with the abuser in the family home or another property as a joint owner of that property. In other words, the names of both the victim and the abuser are on the mortgage deeds. A victim may apply for a safety, barring or protection order under the Domestic Violence Act 1996 and in so doing, the victim is entitled to apply for such an order using the address of either the family home or house in which the victim resides or that of sheltered accommodation or some other temporary accommodation. This allowance for a victim to apply from an alternative address shows the law recognises that the victims of domestic violence often do not stay in the home after applying for an order, which is common sense.

However, the treatment of victims by the State with respect to their housing needs is inconsistent. Upon applying for an order, if he or she is in need of social housing from a local authority, a victim is currently prohibited from being considered by the local authority for social housing due to his or her part ownership of the family home or property in which he or she resided or resides with the perpetrator. This legislation often forces victims into refuges for long periods and this Bill seeks to change that. The objective is to ensure that in the case of a victim who applies for an order, he, or in most cases she, shall not be prohibited by virtue of his or her part ownership of the residence in which the applicant resides or previously resided with the respondent from consideration for social housing by a local authority. The Bill does not dictate that the victim must automatically be given social housing. However, it states that a victim shall not be discriminated against based on his or her part-ownership of the property in which the domestic violence occurred. In many cases, this discrimination also includes children.

This is simple legislation that seeks to provide support for some of the most vulnerable members of society. It also is an important new law in the context of Government cutbacks to refuges and other centres that are trying to help victims and their families. Such centres are now unable to meet the demands made of them due to inadequate resources. Recent funding figures reveal that the money allocated for homelessness accommodation across the State has been slashed from €56 million in 2009 to €45 million in 2013. In the same period, for example, in my constituency of Louth, funding has been cut by €307,488, that is, from €1,197,451 to €879,963. These huge slashing cuts by the Government run totally contrary to the programme for Government, which contained a commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence. The programme for Government also contains a commitment to protect victims. This echoes commitments in the election manifestoes of both Fine Gael and the Labour Party. The Labour Party manifesto contains the commitment to "protect funding for frontline services, such as family refuges, and [to] draw on best international practice to reform the way the courts system deals with domestic abuse cases". Clearly, this has not happened and is another broken election promise.

This Bill is intended to close one important gap in the existing legislation and to provide support for victims of domestic violence. I ask the Government to support this measure.

Is the Bill being opposed?

Question put and agreed to.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.
Sitting suspended at 1.05 p.m. and resumed at 2.05 p.m.
Top
Share