Dáil Éireann Debate, Wednesday - 21 November 2012
180. Deputy Anne Ferris asked the Minister for Justice and Equality his views on the signing and ratifying of the Council of Europe Convention on preventing and combating violence against women and domestic violence; when he expects to bring updated and consolidated legislation on domestic violence; when he envisages a referendum being held to reform the courts system; and if he will make a statement on the matter. [51818/12]
View answerIreland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, an executive office within my Department, actively contributed to all stages of the drafting process in relation to the Convention. That process took place over a period of almost two years.
The detailed provisions of the Convention and the legislative and administrative arrangements that would be necessary to allow signature and ratification of the Convention by Ireland are being examined in conjunction with the government commitment to consolidate and reform domestic violence legislation. However, I have been advised that Article 52 on emergency barring orders presents a particular difficulty in relation to property rights under the Irish constitution. I propose to consult again with the Attorney General’s Office in relation to the legal difficulty relating to Article 52 and other issues. The matter will then be submitted for decision of the Government on the issue of signature of the Convention.
I am informed that 25 Council of Europe member states have signed the Convention and one has ratified it. It has not yet entered into force as this requires at least ten member states to ratify it.
The Programme for Government commitment - to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims - will be progressed as soon as possible having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department including under the EU/IMF Programme of Financial Support for the State.
With regard to reform of our courts system, the Deputy will be aware that the Government recently approved in principle my proposals for reforms to our courts structures which will, in due course, require the holding of a Constitutional referendum. The proposed reforms are intended, if approved in a referendum, to facilitate the establishment of a new separate Family Courts structure which will streamline family law court processes and make them more efficient and less costly. Considerable work will be necessary to develop these proposals and this has already commenced in my Department. A decision on the timing of the necessary referendum will be made at a later date.
