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Dáil Éireann díospóireacht -
Wednesday, 28 Feb 2007

Vol. 632 No. 5

Private Members’ Business.

Domestic Violence: Motion (Resumed).

The following motion was moved by Deputy Ó Snodaigh on Tuesday, 27 February 2007:
That Dáil Éireann,
recognising that:
the grave threat to life and limb and to the mental health and quality of life of women, children and men posed by domestic violence is undermining the fabric of our society and our belief in equality;
an estimated one in five Irish women experiences domestic violence at some point in her life;
of 126 women violently killed since 1996, 81 were killed in their home and just under 50% of victims whose cases have concluded were killed by their partner or ex partner;
in 2003 on average more than 23 incidents of domestic violence were recorded by gardaí each day compared with an average of 11 other assaults recorded;
more than a third of all calls to the Women's Aid national phone help-line went unanswered due to inadequate funding in 2005;
women are 70% more likely to be raped, severely assaulted or murdered after they access the legal system and attempt to leave their abuser and therefore victim safety and offender accountability must be at the centre of every intervention; and
there is an unjustifiable shortage of refuges and other front line provisions;
believes that:
an effective sanctioning system is essential if the incidence of domestic violence is to be reduced and therefore law enforcement bodies and agencies involved in the administration of justice must prioritise the prosecution of domestic violence crimes on indictment where possible rather than simply as breaches of orders;
the variation in Garda practice across the State and within stations is a serious problem and can impede women from making complaints or even undermine the cases that are brought forward, and therefore the existing Garda policy on domestic violence and practice must become subject to monitoring, support and supervision to ensure it at least achieves the level of response expected and set down by that policy;
consideration should be given to the appointment of a commissioner within the Garda Síochána tasked with ensuring domestic violence is treated as a serious criminal matter, and domestic violence, rape and sexual abuse crimes should be named as crime priorities in the Garda annual policing plans;
greater investment should be made in specialised training and ongoing in service training for gardaí given the distinct nature of crimes of domestic and sexual violence;
guidelines should be introduced detailing criteria for the granting of safety, protection and barring orders, as should regular information seminars for the judiciary on the dynamics and impact of domestic violence, the latest international research into effectively stopping domestic violence, and responding to the needs of victims, children and offenders;
all key agencies, including the HSE, probation service, Courts Service and housing authorities, should be obliged to develop and implement, in conjunction with the expert agencies, a domestic violence policy and training to govern their work;
calls on the Government to:
make the necessary provisions for the introduction of an effective and consistent sanctioning system;
publish and schedule time for legislation amending the Domestic Violence Act 1996 as a matter of urgency, including amendments to:
remove the restrictions caused by residency requirements;
list the name of the agency-practitioner responsible for taking sworn information, for serving orders and/or summons and providing evidence to the court regarding the response of the respondent;
provide for the immediate communication to the local Garda station of the granting-extension of an order for priority entry onto the PULSE system;
provide for applicants for orders to automatically be given a copy of their sworn information;
provide for the immediate seizure of any firearm legally held by a person against whom an order has been granted; and
clearly specify the data protection provisions governing the sharing of information by agencies;
re-introduce and resource a role for the probation service in family courts producing safety reports and risk assessments to inform judges' decisions;
ensure the supervision of child access where necessary to protect against further abuse;
make provisions for the extension across the state of the inter-agency work model developed by the NDVIA and the systemic changes achieved by them in the pilot areas of Dún Laoghaire and Bray District Courts;
prioritise and guarantee core funding to frontline services including refuges, outreach, counselling, court accompaniment and transitional housing on a multi annual basis to allow for the strategic development and delivery of services; and
introduce measures to overcome language difficulties and other barriers, including the prospect of deportation, experienced by immigrants, ethnic minorities and others attempting to access services and protections.
Debate resumed on amendment No. 1:
To delete all words after "Dáil Éireann" and substitute the following:
"—affirms that domestic violence is a heinous crime and cruel wrong that affects the safety and welfare of vulnerable persons in the home, including children;
agrees that the National Crime Council in 2005 reported that 15% (about 1 in 7) of women had experienced violence;
acknowledges the comprehensive protection afforded victims of domestic violence contained in our civil and criminal law codes, namely:
the Criminal Law (Rape) Amendment Act 1990;
the Domestic Violence Act 1996;
the Non-Fatal Offences against the Person Act 1997;
the Domestic Violence (Amendment) Act 2002;
the Criminal Justice Act 2006; and
the Criminal Law Sexual Offences Act 2006;
welcomes the substantial increases in funding provided under this Government, including a threefold increase over the past ten years in funding to front line services provided through the Health Service Executive to over €17 million this year, and a sevenfold increase over the past five years for awareness raising and perpetrator programmes of the Department of Justice, Equality and Law Reform to exceed €2.1 million in 2007;
notes the commitment to continued funding to tackle domestic violence contained in the recently published National Development Plan 2007 to 2013;
notes that the Government's National Women's Strategy is being finalised for publication in the near future and welcomes in particular that it contains proposals in relation to the establishment in the Department of Justice, Equality and Law Reform of a national domestic violence office which will ensure the development of a well co-ordinated ‘whole of Government' response to violence against women;
supports the Government's strategic approach by way of updating of the wide-ranging codes of law that address violence in the home, the changes in administrative structures and the substantial increases in funding of public services and non-governmental organisations;
notes that the 1997 Task Force Report on Violence against Women was published as a blue print recommending new structures and comprehensive services to bring perpetrators to justice and to support victims;
notes the establishment of the Domestic Violence and Sexual Assault Unit in the Garda Síochána in 1997;
welcomes the special training of the Garda Síochána in the investigation of cases of domestic violence, which is provided by experienced Garda personnel, assisted by other professionals, such as psychologists, doctors, social workers and also experts from the various non-governmental organisations; and
commends the work undertaken by the National Steering Committee on Violence against Women under the Chairmanship of Minister of State, Deputy Frank Fahey, in bringing together all of the Government Departments, State bodies and non-governmental organisations which work with victims of violence.
—(Minister of State at the Department of Justice, Equality and Law Reform, Mr. Fahey).

I propose to share time with Deputies Ó Fearghaíl, O'Donovan and Keaveney. I welcome the opportunity to make a brief contribution to this important debate. As ever on these occasions, I compliment our colleagues in the Opposition on their initiative. This motion gives Members an opportunity to speak on matters of concern to us. I am sorry my constituency colleague, Deputy Crowe, is not present to hear my compliment but perhaps Deputy Ó Snodaigh, a fellow Crumlin man, will convey it to him.

I acknowledge the presence of my colleague, Deputy Haughey. It is my first time to speak in the Dáil since he was deservedly appointed a Minister of State. Naturally, he has visited Tallaght, and I look forward to working with him for the next 90 days and beyond. I wish him well.

I listened to the contributions of other speakers last night and I support the comments of my colleague, Deputy Fahey. When speaking on these matters I tend to talk about Tallaght, and that generates a reaction. However, tonight I will discuss Tallaght because, like other areas, it has problems of this nature. An organisation called Saoirse has been working for the past 12 years to achieve the important goal of opening a refuge in Tallaght for women and children escaping violence in the home. People who supported the organisation over the years considered it a much needed service given that there are only two other refuges in Dublin.

In my role as a public representative, a member of the health board from 1994 and as the founding chairperson of the south-western area health board, I, with other colleagues, strongly supported this group. Over the years it made much progress, although its members will confirm that they had many struggles and overcame many obstacles in that period. However, they pointed out that this brought them closer together and strengthened their determination to succeed.

Tallaght is the third largest population centre in the country so one would expect problems. I often remarked that it was not right that, like other communities, we should send our problems on the bus into the centre of the city to be resolved. That was the case with a number of problems, including drug addiction. I am pleased that in the past year Saoirse was able to announce that it had secured premises with the help of South Dublin County Council. It has now opened a women's refuge in Tallaght village with the financial assistance of the HSE, which appointed a manager last January and worked with the board of management on adapting the building and sourcing additional funding. The refuge was officially opened by President McAleese several weeks ago. I welcome that development.

It was a difficult journey for Saoirse to final success. I was present at the opening of the refuge. It has six units, which are full. The organisation is already looking for more space to accommodate the average of two families a day it is obliged to turn away. In the many briefings Saoirse has given me it has pointed out that the issue of funding for domestic violence services is a major concern. It has had to struggle and prove the need for funding to run the services instead of being given dedicated funding from a dedicated section within a Department. The organisation has asked me to express the delight of the community that this facility has been opened in Tallaght. It is open to families from all over the country who are in need of a safe refuge from violence.

The members of Saoirse tell me that their goal is to see the day that sufferers of domestic violence are not forced to leave their homes because of the abuse perpetrated on them and where the abuser should have to be accountable for his or her behaviour. They are operating an outreach service for women in the community with whom they can work.

I wish to be sensitive about this subject. As is the case with my colleagues, many people who are affected by this problem come to me about it. I am happy to compliment the proposers of this motion and to speak up for the women's refuge in Tallaght. Saoirse was anxious that I do that. Like other people providing such services, they find it difficult to get the message across to the agencies as to who should fund them. That is a challenge for everybody.

I thank Deputy O'Connor for sharing time with me. The refuge in Kildare has not yet opened so I cannot wax lyrical about the situation. However, I am pleased to have this opportunity to contribute to this debate on domestic violence, and to support the Government's amendment. Like Deputy O'Connor, I congratulate our Sinn Féin colleagues for proposing this motion as it highlights a most serious problem in society.

Domestic violence is not just an Irish phenomenon. The World Health Organisation, in a report in 2005, described domestic violence as the most common form of violence in women's lives. The international experience is that a woman is statistically more likely to be abused by a partner than by a stranger or casual acquaintance. The same disturbing report suggests that women are more at risk of assault in the home than on the street.

The National Crime Council study, concluded in conjunction with the ESRI, gives us the most recent relevant Irish data, which suggests that nearly one in seven women, and about 6% of men, have experienced serious sexual, mental, or physical abuse in a domestic setting. The same report identified a strong pattern of non-disclosure on the part of the victims, with 33% failing to discuss their abuse or torture with either family or friends. From experience in my constituency work, it appears that the persistent male abuser, more often than not, manages to isolate his victimised partner from family and friends, lest she would overcome the shame which many women experience when beset by this crime against them and confide in somebody.

When one considers the veil of secrecy and shame which all too often hides the damage done to individuals and children, as a result of domestic violence, we can appreciate the vital work that is done by groups such as Women's Aid, which recently made an impressive presentation to the Joint Committee on Justice, Equality, Defence and Women's Rights. Women's Aid, through its national free phone helpline, provides what amounts to a genuine lifeline to many abused women. Its one-to-one confidential support and advocacy service is vital.

The Commission for the Support of Victims of Crime provided €270,000 to groups, such as Women's Aid, which provide accompaniment services to women going to court in cases such as these. This type of service is absolutely necessary and should continue to receive the required funding, as it is only when the victims are prepared to go to court that the perpetrators can finally be brought to account for their dastardly and cowardly deeds. One stunning statistic emerges when considering this issue. Women who find the courage to report domestic violence against them are 70% more likely to experience worse assaults in the aftermath of such disclosure. This international statistic poses a real challenge that goes beyond politics and government to how society can protect some of its most vulnerable members. Women's groups have asked for the legislation in this area to be strengthened. Notwithstanding the merits of the Domestic Violence Acts, there is considerable merit in the suggestion that the legislation should be revisited in examining in detail how safety orders and barring orders are applied so they may have more widespread application.

The Minister of State, Deputy Fahey, set out the considerable work and variety of initiatives engaged in by the Garda Síochána in the battle against domestic violence. It is generally acknowledged that the force has a comprehensive policy in place. Despite this, women's groups have reported that not all experiences are positive and the force's pro-arrest policy is not always implemented. Equally worrying are the figures which suggest that while the incidents of domestic violence reported to the Women's Aid helpline increased by 37% between 2003 and 2005, the level of such reporting to the Garda decreased by 35%.

One key aim of the Government is to heighten public awareness of the dreadful crime of domestic violence. We must strive to insure there is a consistently high level of awareness of the problem within the Garda and an equally consistent application of best practice in the area. It is worth noting that a 1999 Law Society report found, perhaps unsurprisingly, that there was a considerable variation among judges in their approach to aspects of this crime and the evidence they deemed sufficient to grant a protection order.

Children who witness violence in the home are seeing, hearing and learning about violence. Research has shown that children who see domestic violence in their life carry a greater risk of being either a victim or a perpetrator of domestic violence in their adult life, thus continuing the cycle of domestic violence. Domestic violence causes a range of symptoms in a child, such as poor interpersonal skills, low self-esteem, eating disorders, a reduction in cognitive ability and severe lack of sleep. Children can feel guilty, believing they are the direct cause of the violence, and can feel inadequate about not being able to prevent the violence from happening. More profoundly, children in such circumstances can sometimes resort to acts of violence themselves, through acts of aggression and bullying in and outside the school. The Department of Education and Science has a key role to play in addressing the problem by including in its SPHE programmes modules that address the culture of anger and violence, which can dominate some intimate partner relationship.

I commend the amendment to the House.

I thank my Sinn Féin colleagues for putting down the motion on this important issue. Society has changed for the worse in the past 40 years. My father had a saying, "Whatever strife stirs abroad, there should be peace at home". Unfortunately this does not resonate through as much as it used to. Despite the high level campaigns in the media against domestic violence and the efforts of various Departments, incidents of domestic violence have increased.

While most cases of domestic violence are against women, it must be remembered that men too can be victims, not often physically but emotionally. It must also be remembered that in many cases of domestic violence, it can be the emotional psyching out of a partner. The damage caused to the adult can be minuscule when compared to the effect it can have on children who are exposed to it. Those who experienced violence in the home as children are more likely to be violent and abusive in adult life.

In most towns, women's groups are supported through small grants from the Department of Justice, Equality and Law Reform to provide a service at local level. Sheltered accommodation can be found not only in Cork and Dublin but on the Beara Peninsula or the Sheep's Head Peninsula.

From my experience as a lawyer, 20 years ago the Judiciary's skill and training in dealing with barring orders, interim orders and so forth virtually did not exist. In the past decade, a new breed of judges has come to the fore who are astute in handling situations of domestic violence. In most cases, judges will not take a risk and grant an interim order or a barring order quickly.

I compliment the Garda training college in Templemore in the strides it made in training gardaí in handing domestic violence cases. Some 25 years ago, gardaí called to domestic violence situations did not know how to handle them. Recently, in a case in the Cork South-West constituency, the woman affected described the gardaí involved as understanding, knowledgeable of the law and how to deal with the abusing partner.

Despite all the moneys allocated to tackling the problem and all the training given to the Garda and Judiciary, unless the mindset that sees it as acceptable in society changes, there will be no short-term solution to domestic violence. This can be addressed through education at both primary and secondary level. Victims will often speak of the shame and embarrassment of it and how they were afraid to come forward. Forty years ago, people thought domestic violence was acceptable. In more recent years, through education, most people see it as unacceptable under any circumstances.

Hopefully, arising from this debate, the issue of domestic violence will be tackled further.

I wish briefly to add my voice on this extremely serious issue. I agree with the amendment affirming that domestic violence is a heinous crime and a cruel wrong that affects the safety and welfare of vulnerable people in the home, including children.

Domestic violence is much more prevalent than many people realise, unless they have themselves been touched by it first-hand. Many believe that violence is seen in the form of broken bones and bruising. As Chair of the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs, I too have heard first-hand at its meetings the reality that such violence can be very subtle and go far beyond injuring spouses or partners physically on parts of their body exposed to public view. People often assume that if one cannot see evidence on the victim's face, it cannot be happening. Such violence can consist of bullying and intimidation, be verbal, psychological, financial, sexual or take some other form. It is all geared towards undermining the confidence of the victim and exerting control.

I wish to raise awareness of the fact that alcohol consumption contributes significantly to marital discord and related child welfare difficulties and domestic violence. The committee's recent report, The Inclusion of Alcohol in a National Substance Misuse Strategy, refers to the fact that one Irish marriage-counselling service reported that problem drinking was the primary issue in up to 25% of cases each year. That cannot continue to be considered in any way normal or acceptable.

As an aside, I ask that the Minister inform his counterpart, the Minister for Justice, Equality and Law Reform, that the family law backlog in Donegal must be addressed. Current delays are causing deeper anxiety, hurt and difficulties where separations are contentious.

I do not want to come across as a killjoy, since I enjoy a drink as much as anyone, but alcohol is literally killing the joy in many houses through adults, and sometimes their children, abusing it. The nature of the information we received in compiling our report was quite staggering but is unfortunately not unusual. The suggestion that violent alcoholic partners, usually men, might encourage their spouse or partner to drink and thus allow the shame of alcohol dependence to lessen the other's chances of leaving with the children was a serious finding.

We will publish two more reports on 26 March. It was very clearly seen that a child's relationships, particularly a girl's relationship with her father, play a very significant part in whether he or she turns to drink or drugs. Therefore, parental role models and how we address or ignore issues are very important. I was very proud of the recent Inishowen Women's Outreach ten-year celebrations, proving how right they were to form and push for services. Their work, not only in a voluntary capacity but with the HSE, county council and gardaí, means they are making very significant inroads into the issue.

Being honest, I said to them at the recent celebrations that a small service in a local rural community would not work and that people experiencing domestic violence would not come forward with a problem at such a parochial level. I congratulate them now as then that they have proven me wrong. Statistics are there to back up the service, which is provided in a very rural area of only approximately 30,000 people. From January to June 2006, some 879 people used the helpline, with 204 repeat contacts and 250 service-users.

I want mainstreaming funding for the service, whose part-time support worker carries a very heavy burden, despite a great level of volunteering, and it is dependent on annual financing. They currently operate on approximately €23,000, when even €100,000 would be challenging in the context of running the best service. Given the Minister of State, Deputy Fahey's, excellent work to increase the budget nationally, I trust that their case will be examined sympathetically and fully endorse the value of their work. Alongside Letterkenny Women's Refuge and the Rape Crisis Centre, they provide invaluable support in our county and community. It is too bad that we need a service to address domestic violence.

We must look to the causes of the problem and address the elephant in the living room, which is alcohol. I speak not of its use but of its abuse, its place in our culture, in celebrations or commiseration, its infiltration through almost exclusive sponsorship of major and local sporting events, and the reality of marriage breakdown, mental health problems, accident-and-emergency statistics, road deaths and so forth. I could go on for quite some time.

I commend the bravery of those who come forward and the voluntary work being done in many areas.

I propose to share time with Deputy McManus.

Is that agreed? Agreed.

I welcome the motion and congratulate the Sinn Féin Deputies on tabling it. The issue not only requires careful, thoughtful suggestions such as those made in the motion but much broader debate, including in this House. The opportunity to debate this is extremely important, since it is one of the most important societal issues but is seldom aired sufficiently. Those who can make an impact and achieve change must hear the full consequences of what is happening.

Domestic violence is a simple phrase, but it has a truly horrific meaning and impact for thousands of Irishwomen, as well as men and children. I was interested in Deputy O'Donovan's comments on the good old days. They were not all that good, and at least now the domestic oppression of people is much more visible. Previously, women in particular thought it their lot to be beaten, abused, and relegated to second-class status. Often, their abuse was not only from husbands, since children were taught to have less than full respect for their mothers.

In recent years we have made important strides, but we have a long way to go. Domestic violence affects women especially, but that is not exclusively the case, and there are various types of violence. Emotional and psychological violence can on occasion be even more damaging and oppressive than a physical blow. The facts laid out in the motion are genuinely shocking and demand a careful and comprehensive response, particularly when one thinks of women dying violently. Some 126 women have been violently killed since 1996. Some 81 were killed in their own homes, and just under 50% of victims whose cases were concluded were killed by their partner or ex-partner.

That is frightening, but the facts laid out in the motion are not the end of the story. I will add some more disturbing statistics. One in six survivors of sexual violence will become an inpatient in a psychiatric hospital at some point. In contrast, the figure is one in 46 among those not to have been sexually abused. Compared with 20 other European countries, Ireland has the highest number of cases of sexual violence such as rape falling out of the system before adjudication by the courts. In 2005, some 25,843 calls were made to the Women's Aid national helpline. However, the organisation was unable to respond to 10,000 of them owing to a lack of staff and resources.

In 2004, some 1,144 women and 1,333 children fleeing domestic violence were refused emergency refuge accommodation in the Eastern Health Board region alone owing to a dearth of facilities. These statistics are from the Women's Aid Safety and Sanctions report. Research has found that only between 1% and 6% of domestic violence offenders in Ireland receive a prison sentence. That means that between 94% and 99% of such violent offenders never see the inside of a prison cell. General racism and discrimination against Travellers constitute a significant barrier to Traveller women accessing support services. We must be cognisant of that fact and do something about it. What can we do about such issues? The motion outlines some courses of action.

I am indebted to the Labour Women's National Council for its work. It has a close relationship with the voluntary sector in dealing with domestic violence in general and violence against women in particular. The council came up with a ten point plan and I will outline some of its elements to the House. It called for the immediate funding of front-line services to ensure that all women in Ireland, and all men, who are victims of sexual violence can access appropriate services. These include national telephone helplines, supported advocacy services, counselling on rape and sexual assault and, very importantly, court accompaniment. Being a victim is often the loneliest position in Irish courts. The accused has legal representation and the State is obviously well represented in presenting its case, but the victim often does not have the required support.

The council also called for the provision of refuges as an essential specialist intervention for individuals — men, women or children — fleeing the perpetrators of domestic violence. It has called for the ending, as a matter of urgency, of reliance on bed and breakfast provision as a response to domestic violence. Women and children should not be required to stay in bed and breakfast establishments, following which they are expected to walk the streets during the daytime. That is not an adequate response.

The council called for the scope of the National Domestic Violence Intervention Agency to be expanded from the current pilot programme to a sustained nationwide programme ensuring integration and co-ordination of agency interventions in domestic violence with civil and criminal justice systems, and the application of best international practice. It is shameful that we came close to having that agency's pilot programme closed down. Thankfully, however, some measure of relief has now been given to allow the agency to continue its important work.

The council called for the expansion of dedicated statutory services, including specialist violence-against-women social work interventions, sexual assault treatment units or SATUs, and the application of SATU best practice guidelines.

We need to address the power and resource inequality that currently exists in the criminal justice system between plaintiffs and defendants in cases of rape and sexual assault, through comprehensive reform of the legal system. We need to have appropriate training in dealing with cases of violence and sexual assault against women for members of the Judiciary. The same training should be provided to court staff as is currently beginning to be provided to garda cadets. We need to address the issue of vulnerable sectors of the community, including Travellers, immigrants, ethnic minorities and the disabled who are often victims of sexual violence. They should always be provided with the necessary support so that, in the first instance, they can reach out for help. This is particularly the case for people who suffer from any intellectual disability. Such supports are haphazard at present and need to be strengthened and provided as a matter of form. We need a dedicated integration and support funding mechanism to resource the application of a national strategy. I understand that a national women's strategy is to be published shortly but all its elements should be properly and adequately resourced.

The ten-minute slot allocated to me is extremely limited and inadequate to begin to do justice to an issue of national importance. We should all be cognisant of the sometimes silent suffering of many thousands of our citizens trapped in abusive relationships, in households were they feel economically vulnerable and cannot reach out. Bolt-holes for such people must be resourced so that in every community refuges are provided to which people — predominantly women, but sometimes men — can flee with children.

This is a wake-up for the Oireachtas to deal with the issue as a matter of urgency and priority. From the Labour Party's perspective, I make a public commitment that these issues will be high on our agenda, not only in the run up to the next election but also, hopefully, when Labour forms part of the next Government.

I thank Deputy Howlin for sharing his time slot. I will begin with a quote from Women's Aid in the report of the Women's Health Council, as follows:

Violence against women in the home is a complex issue which is deeply rooted in gender-based power relations. It is socially constructed and reinforced by cultural, economic and social factors. Any systematic attempt to eliminate violence in the home therefore must be multi-dimensional and address the issue at different levels.

That statement clearly calls for a strategic and comprehensive Government response. The Government, however, has taken a rather curious approach which is not solely related to this issue. It governs for five years and then sets about publishing a strategy when it is going to the people. The Government did that on health in 2002, just before the last election, producing what turned out to be a fairy-tale fabrication of a health strategy. It now looks as if it will do the same concerning the national women's strategy, whereby just before the election such a strategy will be published, hey presto, by the end of March. That is a cynical approach and I hope that this time around, the electorate will understand that it is nothing more than window dressing.

We have a serious issue of domestic violence in Ireland and the statistics have been well aired by other speakers. Despite additional funding — and I acknowledge there have been improvements in that regard — we still have a core level of domestic violence that is unacceptable and dangerous. It will have a long-lasting generational impact. We know that children model their behaviour on what they learn from the domestic environment in which they grow up. Almost one in five Irish women experience domestic violence at the moment. It occurs in all socio-economic groups and is not restricted to any particular class. It is not just about physical violence because there are various forms of psychological abuse and terror tactics that can be very frightening. In such cases, even though no marks are left on the body, the psyche can be damaged and people are vulnerable as a consequence of multi-faceted abuse that often characterises domestic violence.

In the 1980s, I was one of the founders of the Bray women's refuge. In those days, there were no such refuges, apart from the one in Dublin. The Bray refuge was established by women supporting other women, without necessarily having any resources to back up what we were doing. We were not professionals but we understood the desperate need for such a refuge. We also had a plan to make the refuge redundant, whereby at some future point there would no longer be a need for it in Bray. Far from reaching that goal, we now have a refuge that is highly professional, well resourced, and bigger and better than anything we could have provided. Regrettably, however, it is not big enough. The Bray refuge has to turn away more people than it accommodates.

The problem continues therefore and, if anything, the complexity of the issues involved is growing. The growth of the Internet has brought risks, particularly for children. In discussing domestic violence, we must also acknowledge the issue of violence against children, their sexualisation at a very early age and the extent of violence in pornography, all of which feed into a culture of violence and aggression that can be damaging to vulnerable people, particularly women and children. People are shocked at the recent allegations about a paedophile ring and a 14 year old boy. Senator Kathleen O'Meara on her concerns said:

In this technological age, in the era of the internet, mobile phones, text messages and e-mails, parents feel their children are extremely vulnerable to the approaches and advances of abusers. In such a climate the under-resourcing of the Garda central vetting unit to examine the suitability of all those in the public service to work with children, whether it be with the very young in child care facilities or teachers at primary and secondary level is unjustifiable.

I ask that this matter be addressed speedily to allay the fears of many parents regarding the risks to which their children may be exposed.

It is clear, on considering the provision of refuges around the country, that there is not sufficient capacity and that the problem is further exacerbated by the fact that the housing situation is chronic. Thousands upon thousands of people are now waiting for social housing and people who may be at risk of violence are afraid to leave the family home because they know there is nowhere for them and that the world is very cold in terms of providing for them. This adds to the fear and lack of safety people feel.

Deputy Joan Burton, who chairs a steering committee to establish a refuge in Dublin 14, asked me to point out that it is an area with a population of almost 100,000 people that does not have a refuge. Apparently some progress has been made in this regard but it is important that the practical facility is provided to ensure that places are there when people need to run.

I pay tribute to the Labour Women's Council for producing a major document, in terms of analysing the problems and outlining the solutions concerning domestic violence and the provisions that need to be made. The document makes an interesting point in highlighting the changing profile of women at risk. Immigrant women are particularly at risk in the sex industry — a nice term to describe the exploitation of women. Large numbers of immigrant women are involved in prostitution in Ireland and men are making a great deal of money from the business. Women are vulnerable around the world, for example in India where millions of women have gone missing. Baby girls there may not survive due to neglect or they may be killed. Female babies are at a great disadvantage because they happen to be female. I pay tribute to Trócaire for raising the fact that gender inequality globally is often a matter of life and death.

It is important to point out that it is not only women who are victims of domestic violence; men also experience domestic violence. In some ways men are particularly vulnerable because they may be shut off from their children if they leave the home and this may not apply to mothers. ACCORD, the marriage support organisation, analysed this issue and found that, while women were subjected to more extreme forms of physical and psychological abuse, men too can be victims of domestic violence. ACCORD pointed out that frequently domestic violence is a mutual matter in a marriage.

We must reduce the level of violence regardless of whether the victim is a woman, a child or a man and we need to see practical measures to ensure that when domestic violence is experienced there are places for victims to run to.

I call on Deputy Finian McGrath and understand he will be sharing time with Deputies James Breen, Gregory, Cowley, Healy, McHugh and Cuffe.

I thank the Ceann Comhairle for affording me the opportunity to speak on this important motion on domestic violence and I commend the Sinn Féin Members in the Dáil on bringing forward this excellent private Members' motion. I also wish Deputy Ó Caoláin well as he is recovering from a serious illness.

Domestic violence, assaults on women, assaults on children and families in crisis are huge issues. The situation is serious and seems to be getting worse with alcohol abuse and the use of drugs compounding the problem of domestic violence. The level of violence is high and we must address the issue of assaults on mothers and children.

In 2004 there were 4,079 reported cases of children at risk. Of these, 267 cases of physical abuse were confirmed, 213 cases of child sexual abuse were confirmed, 339 cases of emotional abuse were confirmed and 596 cases of neglect were confirmed. This means a total of 1,415 children were confirmed as abused in 2004 and that is a very high number. At the moment we expect children from violent, dysfunctional families to behave normally and attend school every day. Young children who witness violence may grow up to carry out violence on their own families and partners. I urge the Government to wake up to this reality.

As the private Members' motion indicates an estimated one in five Irish women experience domestic violence at some point in their lives. Of 106 women killed since 1996, 81 were killed in their homes and just less than 50% of victims whose cases have concluded were killed by a partner or ex-partner. More than a third of all calls to the Women's Aid national phone helpline in 2005 went unanswered due to inadequate funding. That is also a serious matter and I urge the Government to address it.

This motion gives us an opportunity to thank the foster parents of Ireland who are doing magnificent work with children at risk and children from dysfunctional families. They have saved many children from jail, drug abuse and alcohol abuse in later life. Foster parents provide stable families and warm homes and this work is very important.

I urge all Deputies in the House to support this motion and urge the Government to address its contents and implement its sensible ideas.

The rate of domestic violence is clear in these alarming statistics: one in every five women and one in every 15 men, experience domestic violence. Yet the offices of State remain mostly ineffective in combatting the issue. The fear factor and shame factor felt by victims of domestic violence, the lack of awareness regarding help available, the under funding of aid agencies, the lack of specialist training for gardaí and the need for continued training and information seminars for members of the Judiciary are all symptoms of this national disease.

In County Clare, which has a population of more than 110,000, the District Court has one specific day per month to deal with family law cases which include hearings for protection orders, safety orders and barring orders. We are fortunate that, through the goodwill of the District Court judge, cases are heard before normal court business on other court days. The need to allocate extra days for the full hearing of family law cases is urgent, as is the need to appoint specific judges to hear such cases.

Equally important is the proper funding of agencies for the victims of domestic violence and an increase in the number of refuge homes available. In 2006 Clare Haven House gave refuge to 118 women and 96 children. It had 399 drop-in support visits and 150 visits to outreach clinics in Shannon, Kilrush, Scariff and Ennis. Clare Haven House received 725 telephone calls seeking help yet the centre is hugely reliant on the goodwill of part-time staff to work nights and weekends. While the funding received from the Health Service Executive and Department of the Environment, Heritage and Local Government, is welcome, it must be increased to provide ongoing training of staff and to improve facilities.

When victims of domestic violence work up sufficient courage to seek help from the Garda Síochána they need proper information and support. Too often, they are simply referred to District Court offices. Specialist training of gardaí is necessary so that victims receive all the help they require. Too many gardaí are not aware of the difference between protection, safety and barring orders and the criteria required to secure them. While applications for protection orders, which act as an interim order pending the hearing of an application for a further order, have a high rate of success, barring and safety orders are much more difficult to acquire. Between 2000 and 2005, 88% of protection order applications were granted, whereas only 44% of barring order and 41% of safety order applications were successful. Often the refusal was based on the applicant not meeting the criteria required.

To bar a person from his or her own home is an extremely serious matter but to refuse an application when a couple is not married or has not lived together for a sufficient period, rather than hearing the reasons the order has been sought in the first instance, is shameful. The law needs to be changed immediately to reflect trends in modern society.

I support this important motion on domestic violence and sexual violence generally. The motion is most comprehensive and deserves the support of all Members of the House. It is a sad fact and a blot on society that violence against women in the home is a widespread and serious crime which is not given the priority or attention it requires. Crimes of sexual violence, despite their rising incidence and increasingly horrific nature, do not receive the focus they deserve, either in the media or elsewhere. So-called gangland gun crime seems to obsess everyone while the most appalling sexual crimes are not given the necessary emphasis. If they were to become a focus of attention, perhaps a more proactive approach would be taken towards introducing many of the measures and steps outlined in the motion.

On the issue of sexual violence against women, in a Garda district in my constituency the recorded crime of rape increased by 50% during 2006. This rise, which was much higher than the national average, barely received a mention in the national media, whereas gun and drug crimes receive constant blanket coverage and an unending litany of measures are introduced in response to them.

I note the motion highlights the variation in Garda practice, even within Garda stations. This is a serious issue which often dissuades women from making complaints. I remember being present in a Garda station in the early hours of the morning when a distraught and battered woman entered seeking Garda assistance. The response of the garda, in my presence, was to ask the woman if her husband had taken a few drinks and if she would not wait for an hour or two before returning home as her husband might then be sleeping off the drink. Although it was patently obvious that she was terrified and had been brutally attacked, this seemed to be swept aside because the assailant was her husband and had taken a few drinks. It was only when I intervened that the attitude of the garda in charge in the station changed. This incident took place some years ago and I expect an entirely different approach would be taken these days. I often wonder how many women continue to suffer silently because they have had a similar experience in the past and still believe they will not receive the necessary level of support from the authorities. I support the motion.

I support the motion and compliment Sinn Féin Deputies on tabling it. I have a particular interest in the area of domestic violence, having been associated with a service for victims of domestic violence since the early 1990s. While mayor of Clonmel, I became a patron of Cuan Saor, the main organisation providing services for victims of domestic violence in south Tipperary. I have been associated with it ever since and I am currently a director of its board. I compliment and thank everyone working in Cuan Saor, including its chairperson, Kaye Hyland, and her board, and the manager of services, Geraldine Mullane, and her staff who do an excellent job in difficult circumstances.

Cuan Saor provides a full range of services, including a helpline, counselling, outreach services, court accompaniment and advice and guidance. We also provide a refuge which was established in 1998-99. Domestic violence services require serious levels of funding and resources. In the past four to six weeks, Cuan Saor has been carrying out an assessment of the services we have provided over the years and is drawing up plans for the service we will provide over the next three years. At every hand's turn in this process the absence of sufficient funding, resources and staff to provide an adequate service to people in south Tipperary who have been affected by the crime of domestic violence has emerged.

One of the points made in the motion tells us all we need to know, namely, that in 2005 more than one third of all calls to the Women's Aid national telephone helpline went unanswered due to inadequate funding. I plead with the Minister to provide proper funding for domestic violence services, for which funding has effectively been capped since 2002. We need to modernise services and properly fund and resource them.

I compliment the Minister of State at the Department of Education and Science, Deputy Haughey, on his appointment. This is the first time I have seen him in the Chamber since he took office.

This is a welcome debate of the utmost importance and I thank Sinn Féin for tabling the motion. It is important because victims of domestic violence, by and large, feel unable to highlight the issue. The home is where people expect a degree of security and believe they are among friends. It is, therefore, chilling to realise that the violence under discussion occurs in the home. It is startling that statistics suggest that one in five women in Ireland experience domestic violence. Lest the debate be focused on one gender, it is important to recognise that men and children also experience domestic violence.

As noted in the motion, gardaí recorded an average of 23 incidents of domestic violence daily in 2003 compared with an average of 11 other assaults recorded daily. This statistic indicates the extent of the problem. Given the magnitude of domestic violence and the sensitivity with which it is bound up, it is vital that resources, structures and supports are provided to adequately address it. Regrettably, this is not the case.

It is disgraceful that one third of all calls to the Women's Aid national telephone helpline went unanswered due to inadequate funding, especially when one considers that in many cases the advice given over the telephone by properly trained personnel can be invaluable. Many of those who experience domestic violence suffer in silence, often due to the perceived shame that attaches to this form of violence. Many people may be unable or unwilling to walk into a refuge as a first step and, therefore, require a process of steps. Making a telephone call can be that vital first step on the road to dealing with the problem. Some victims may not be physically able to make the journey to a centre. For these reasons and more, it is vital that a properly resourced, fully efficient helpline is provided. Such a helpline can be a lifeline.

Having overcome that first step, there must be a comprehensive support system in place for victims. However, there is also a shortage of refuges, which are vital if victims are to escape from the home and, consequently, the violence they have experienced. The statistics require no further analysis. What is needed now is positive action.

Domestic violence continues to be one of the most insidious and complicated forms of violence in contemporary Ireland. It is estimated that up to one in five women has experienced domestic violence in some form on the part of a current or former partner or husband. Domestic violence is by no means the preserve of one social or economic grouping in society. Rather, it affects women from all walks of life. Research shows that the criminal and civil justice systems consistently fail to recognise the complexities of domestic violence, address the safety of victims or hold offenders accountable.

The Minister of State, Deputy Fahey, announced yesterday that a national agency to combat domestic violence is in the offing. This national agency will purportedly incorporate all the offices and agencies involved with domestic violence, thus ensuring a well co-ordinated Government response to the problem. Layers of bureaucracy have been established in the past ten years to deal with this issue, including the establishment of the taskforce on violence against women and the national steering committee on violence against women. Why not put funding into the desperately needed front-line services such as refuges rather than create another layer of bureaucracy?

This announcement smacks of electioneering. Why does it come only two or three months before a general election? The Government had a decade to make this a priority issue but it failed to do so. The announcement flies in the face of the attitude of the Minister for Justice, Equality and Law Reform one month ago when he refused to secure the funding of the National Domestic Violence Intervention Agency, NDVIA. The agency's future hung in the balance for weeks as a result of sheer Government disinterest. It was only when the NDVIA was on the verge of closing its doors and thus generating bad headlines that the Minister and the Minister of State, Deputy Fahey, took any action. The Government's failure to intervene until the 11th hour was a clear indication of the total lack of commitment to providing care and assistance to those affected by domestic violence.

Statistics show that calls made to the Women's Aid helpline increased by 30% between 2004 and 2005 and that more than 10,000 calls were not answered. That is a horrifying statistic. A severe shortage of safe accommodation for vulnerable women and their children is a major problem. The refuges in Bray and Rathmines, for example, must cope with all the cases for south Dublin. There is nowhere in Dún Laoghaire for women to go. It is an appalling statistic that more than 500 women and 1,000 children sought refuge from domestic violence last year in the Dublin area alone.

The Green Party strongly supports the work of the National Domestic Violence Intervention Agency pilot project based in Dún Laoghaire. The agency works in conjunction with the Garda Síochána, Courts Service, probation and welfare service, Health Service Executive and the Department of Justice, Equality and Law Reform. We must have a strong inter-agency response to domestic violence that places the safety of victims and their children as paramount. This scheme should be in receipt of multi-annual funding and should be rolled out throughout the State on a phased basis.

It is important to recognise that men also suffer domestic violence at the hands of women. The statistics are available in this regard. However, the bulk of the violence that takes place in a domestic setting is against women. It typifies the male dominance in Cabinet that multi-annual funding has not been provided for domestic violence as it is for major infrastructural projects.

The statistics speak for themselves. In the past ten years, more than 100 women were murdered in Ireland, the vast bulk of them in their own homes. In those cases that have been resolved, all were perpetrated by a man and almost half by the victim's partner or ex-partner. There is no time to waste. This is an issue that must be dealt with without delay.

I thank all Deputies for their contribution to this debate on violence against women. Everyone who spoke made it clear that domestic violence is a horrible crime. The Government fully recognises the vileness of this crime, which can damage victims both physically and emotionally and leave them living in fear. Society is also damaged by this crime because its victims are robbed of their ability to participate fully in their community and to achieve their full potential.

The harm carries down the generations. Research published last year by the children's research centre in Trinity College, Dublin, working with Mayo Women's Support Services, gives a stark picture of children living in violent homes and the damage done to them and to their relationships unless help is sought and given. Several Members observed that children are particularly vulnerable to the consequences of domestic violence.

The Government recognises the harm done and provides protection under the Domestic Violence Acts 1996 and 2002, Child Care Act 1991 and a significant code of Criminal Justice Acts. The courts have full powers under the Child Care Act to make such directions as they see fit as to the care and the custody of the child. The courts may also make a supervision order under the 1991 Act in respect of the parent of the child, pending any investigation. This power of the courts exists under the 1991 Act, regardless of whether proceedings are taken under the Domestic Violence Acts. In proceedings under the Domestic Violence Acts, the court has power of its motion or on the basis of an application to make orders under the Child Care Act.

The Government recognises the seriousness of the problem of domestic violence and has, therefore, substantially increased funding provided to the sector. In the past ten years, funding to front-line services provided through the HSE has more than tripled. I noted the concern expressed about the Women's Aid helpline, which provides an invaluable service to women experiencing violence. While 2007 funding for Women's Aid is still under discussion in the HSE, its interim funding was increased by an additional €69,000 to ensure the helpline can be fully staffed immediately. Funding from the Department of the Environment, Heritage and Local Government to local authorities for accommodation specifically for victims of domestic violence, including refuges and transitional accommodation, has doubled since 2002 to €2.2 million in 2006.

There has been a sevenfold increase in the past five years for the awareness-raising and perpetrator programmes of the Department of Justice, Equality and Law Reform to exceed €2.1 million in 2007. Crucially, the Government made a commitment to continued funding to tackle domestic violence in the national development plan for the period 2007 to 2013.

Law courts throughout the State allow people to have their cases heard in their own locality. Separate family law suites, which include smaller and more informal courtrooms, separate waiting areas and private consultation rooms, are provided or will be provided in courthouses in all major towns to enable family law business to be transacted with the sensitivity it requires, in private and in confidence. There are occasional difficulties in providing these additional facilities in some courthouses due to the constraints imposed because a particular courthouse forms part of the architectural heritage of the State and is listed for preservation as such. As part of the courts building programme, victim and witness rooms are provided either on a dedicated basis or on a day-of-use basis depending on the space available. The room provided is away from the main public areas.

As outlined by the Minister of State, Deputy Fahey, last night, a comprehensive range of criminal justice sanctions is in place to tackle domestic violence. Contravention of any order under the Domestic Violence Acts is an offence and subject to sanctions of a fine or imprisonment or both. The Garda has necessary powers of arrest without warrant to deal with cases of domestic violence.

The role of the Garda in responding to domestic violence was raised by several Deputies. Members of the Garda Síochána are trained to the highest standard in dealing with incidents of domestic violence. All gardaí receive initial training on the investigation of cases of domestic violence. Core programmes on violence at the Garda in-service training schools cover causes and effects of crimes of violence on women and children, domestic violence, forensic evidence in crimes of violence against women and children, interviewing victims of crimes of violence against women and children and all relevant legislation. This training is provided by experienced Garda personnel, assisted by other professionals, such as psychologists, doctors, social workers and experts from the various non-governmental organisations. Garda training addresses issues particular to the investigation of cases of domestic violence, assisted by appropriate professionals and recognised experts.

The Garda has a written policy on domestic violence intervention to direct it. The decision to arrest is not down simply to the stated wishes of the injured person upon arrival at the scene. The policy recognises that the victim is in vulnerable circumstances. Any evidence of fear or harassment is brought to the attention of the court in the event of a bail application. The Garda role is, in a sense, to put officers between the power and dominance of the offender and to seek to break that hold over the victim. This domestic violence policy is an integral part of Garda training and is reinforced continuously. Feedback shows that it is very well regarded nationally and internationally and has made for an improved response. Notwithstanding this improvement, the Garda has been involved in a major review of its features, with a view to modernising and improving them further.

The Garda Síochána domestic violence and sexual assault investigation unit has a national role and it collates all incidents of domestic violence in the State. The Garda is also represented at inspector level on each of the regional planning committees on violence against women.

The Commission for the Support of Victims of Crime, which comes under the aegis of the Department of Justice, Equality and Law Reform, gave funding last year of €304,000 for court accompaniment services to groups providing support to women experiencing domestic violence.

Experience over the past ten years has shown that certain groups in society are not always well-served by the mainstream responses. There is a growing recognition that these groups may have requirements that are not taken into account by existing services. To meet the needs of women who are particularly vulnerable because of their ethnic minority status, the Department of Justice, Equality and Law Reform has provided funding to the Immigrant Council of Ireland to develop a forum on domestic violence for migrant women and to the Women's Health Council to research migrant women's experience of domestic violence and provide principles of good practice to service providers. Funding has also been provided to Women's Aid and groups providing local and regional services to produce leaflets and posters in minority languages to raise awareness of the issue of domestic violence and the services available to women from migrant communities.

Several Deputies have referred to the situation of the National Domestic Violence Intervention Agency. I make it clear that following the receipt of the final report of the completed pilot project at the end of January 2007, further funding for the project on an interim basis was agreed by the Department of Justice, Equality and Law Reform and the NDVIA. The aim of this local pilot project was to develop an integrated response to domestic violence. Analysis of the findings of the project is taking place in the context of a major policy review in the Department to see how such an approach may be progressed on a nationwide basis.

In light of the complexity of the issue and the number of different agencies involved, the Government established the national steering committee on violence against women in 1997 to facilitate a multidisciplinary and co-ordinated response from the State and the voluntary sector. Under the chairmanship of the Minister of State, Deputy Frank Fahey, the committee comprises those Departments and agencies charged with responding to the issue as well as representatives from a wide range of non-governmental organisations working with women who have suffered violence. The Department of Justice, Equality and Law Reform has commissioned a new strategic action plan for the NSC to take account of developments since it was established and the progress that has been made. The NSC is now considering the final draft of the plan together with the recommendations of its own advisory group on the plan.

As a result of this work and consultation, we can look forward to proposals being brought to Government shortly on the establishment of a dedicated office that will ensure the development of a well co-ordinated integrated response from all the Departments and State agencies to violence against women.

Deputy McManus suggested that the vetting unit now based in Thurles is not working in the context of rolling out the vetting plan for those with unsupervised access to children. The decentralisation to Thurles has been a great success to date, with a huge demand to work there, and the phased roll out of vetting to all sectors with unsupervised access to children is now well under way. Historically, the health sector was always covered by the operation of the vetting unit. It was extended to cover education in the autumn of 2006 and is currently being extended to other sectors.

The Government will continue to promote a comprehensive strategic approach to the matter of violence against women and our counter-motion is indicative of that approach. The Government supports strong civil and criminal law measures, dedicated administrative measures, a whole of Government approach and is providing substantial extra funding on all fronts in 2007.

Last night it was pointed out that there will be 35 assaults before a victim makes a report to the Garda. The victims often say they feel trapped, helpless, ignored, abandoned or at a loss. They feel they have nowhere to go and are ashamed. They say, "He does not mean it, he really loves me and the kids. I probably provoke him". There are others who say nothing while the abuse continues. I have an image in my head of a woman who came to me, telling me of her partner putting a pillow over their child's face and saying that if she reported him for abuse, he would kill her and the children. She contacted me to seek support from the Garda but the Garda said it did not have the resources. She was told to lock her door and contact the Garda if there was a problem.

Our motion calls on the Government to prioritise and guarantee core funding to front line services for domestic violence on a multi-annual basis to allow for the strategic development and delivery of services. If we can deliver that then victims may no longer feel trapped, helpless, ignored or abandoned, they may feel like they have somewhere to go or someone to talk to.

The Tallaght based domestic violence refuge, Saoirse, took 13 years to develop from an idea to a front line group working with victims of domestic violence. When it was established, it was agreed that the HSE would pay staff salaries and the local authority, South Dublin County Council, would pay day to day costs, including heating and lighting on a quarterly basis and in advance. The first payments were made from January to November 2006 and nothing has been paid since. This refuge is currently helping six families and it should not have to wait for day to day funding. It should also not have to wait months for the HSE to supply the house with a medical card.

The majority of funding for domestic violence services comes from the Department of Justice, Equality and Law Reform, the Department of Social and Family Affairs, the Department of Community, Rural and Gaeltacht Affairs and the Department of Health and Children. These groups are supposed to work on the front line to help victims but end up spending their time chasing down different Departments looking for mixed funding. The Minister of State, Deputy Frank Fahey, last night announced his intention to establish a domestic violence office. This is a welcome development but if this office is to be a success it must be given the statutory responsibility to handle funding allocations from all Departments on a multi-annual basis with the full budget allocated.

Funding to front line services has been capped since 2002 — my party regularly calls for that cap to be lifted. What possible basis was there for capping funding to the domestic violence sector during an era of successive budget surpluses? Was there evidence that domestic violence was no longer an issue? Clearly not. Was there evidence that services were meeting the demand? No. It was an unjustifiable decision on the part of this Government and while I welcome the €4.5 million for 2007, more money is needed. Budgets must be guaranteed to develop front line services in future.

The Government's case for its amendment was particularly weak. The amendment and the speeches from the Government side of the House do nothing more than note, welcome and commend measures that clearly fall far short of what is needed. The Government offers no concrete commitments, other than the possible prospect of an office within the Department of Justice, Equality and Law Reform. I welcome, however, the Minister of State's announcement last night of his intention to establish a new office to deal with domestic violence. I hope this is not merely another election promise that will not be delivered.

Why must the Government wait for a Sinn Féin motion on domestic violence before announcing the possibility of a new co-ordinating mechanism? I question what meaningful effect it could have, in the absence of the other reforms and resources called for by us.

I welcome the support of the rest of the Opposition for our motion. It seems the Government parties are refusing to stand with all other parties in this House to tackle the grave issue of domestic violence which is an ongoing nightmare for so many on this island. I would like to respond comprehensively to many deficiencies in the Government's explanation and its stubborn refusal to support Sinn Féin's motion. However, given the time available to me I will address just a few. In his contribution this evening the Minister of State, Deputy Brian Lenihan, told us "The Garda has necessary powers of arrest without warrant to deal with cases of domestic violence". That is really newsworthy — what a revelation. His contribution was a rehash of what the Minister of State, Deputy Fahey, told us last night when he outlined the provisions of the Domestic Violence Acts without acknowledging any of the agreed shortcomings of these Acts. The Government is in denial. In refusing to support our call to address the limits imposed by residency requirements in those Acts he cited "legal difficulties" as his excuse. This recommendation has not come from us or from Women's Aid alone. It is a recommendation that was made by the Law Reform Commission which comprises some of the country's leading legal experts.

He stated the Department and its agencies make the protection of barring orders available to women who experience violence, but he made no effort to mention or explain the huge variance in the granting of these protection orders, from 28% in the Dublin region to 70% in the northern region. The Government is in denial. He cited the existence of the Garda Síochána's domestic violence policy — as did we in our motion — and the various lectures they receive on the issue. However, he failed to explain or even acknowledge the variation in Garda practice that exists in reality. I agree with the Minister of State that the reasons for not reporting are complex. However, the reasons he cited centre exclusively on the subjective view of victims of their own situation. He does not acknowledge that poor Garda practice and judicial response also influence rates of reporting. The Government is in denial of its responsibilities. The Minister of State should live up to his responsibility and acknowledge it.

People often ask why the victims of domestic violence do not just leave — as if it were that simple. A great number of factors contribute to women staying in abusive relationships, some of which have been identified by our motion. Not least of these is the international finding that a woman is 70% more likely to be raped, severely assaulted or murdered after she accesses the legal system and attempts to leave her abuser. It is essential that all factors, once identified, be rectified. Earlier this evening I heard a Government backbencher refer to this statistic. However, unfortunately it did not move him enough to commit to vote constructively on the issue as, I am sure we will find in ten minutes' time.

Research shows that domestic violence is a cross-class, issue. It does not occur more in one socio-economic group than it does in another. However, disadvantaged groups and women in poverty face increased barriers because they may have fewer options in terms of having a place to which they can escape after they leave the abusive relationship. Very often leaving an abuser can result in severe poverty and disadvantage. Likewise economic bullying and control of finances can go hand-in-hand with domestic violence and victims who may appear affluent may still face serious financial barriers to leaving. We all know of such cases.

One of the greatest barriers to victims — by which I mean women and men — of domestic violence preventing them from freeing themselves from their current situation is the shortage of accommodation places. We are in a housing crisis and have been for years. However, even with the national obsession of debating that crisis, discussing house prices and giving air time to economists offering their take on whether interest rates will rise, the specific accommodation and housing needs of vulnerable groups, and particularly victims of domestic violence, do not feature. The needs of these victims, just like the crimes against them, are banished to secrecy, behind closed doors.

In a recent submission to the Joint Committee on Justice, Equality, Defence and Women's Rights, a representative of Women's Aid highlighted the shortage of refuge accommodation, saying "Whether there are services available depends on the part of the country in which one lives". Is that not a sad reality? Calling for an increase in the amount of transitional and emergency spaces, a representative of One Stop Shop, Cork elaborated further, saying there is a decided lack of second-stage housing and refuge spaces, making private rented accommodation the only available option. That group also noted the unsuitability of this situation, given that rent allowance ceilings have not kept pace with inflation, thus making "homelessness a stark possibility". Local authorities have responsibility for provision of housing for households unable to provide accommodation from their own resources, with only negligible support from the Department of the Environment, Heritage and Local Government. People have a right to housing and that includes victims of domestic violence.

A statistic given earlier in more than one contribution is worth repeating because of the sheer scale of the problem. It is estimated that one in every five women will experience domestic violence at one time or another. There are 18 women's refuges in the State across 16 counties. Their total capacity is 454 beds, which will cater for just 111 women and 353 children at any one time. There is a drastic shortage of refuge accommodation for women who have been forced to leave the home due to domestic violence. In 2001, some 1,104 women were refused accommodation in the three women's refuges in the eastern region alone. Very often those refused are forced to stay in emergency accommodation.

Studies carried out on behalf of the Homeless Agency have concluded that the use of bed and breakfasts and the increasing length of time that victims live in them is unacceptable. Living in a bed and breakfast means living in overcrowded and grossly inadequate accommodation. I am sure the Minister of State, like the rest of us in the House, has dealt with such cases. I recently dealt with the case of a mother with three children living in a bed and breakfast. She needed to leave it every morning at 9 a.m. and walk the streets of a major town in my constituency. She could not return to that accommodation until 5 p.m. In the depths of winter that woman and her three children were on the streets exposed to all the elements. She had little or no comfort. The Government and its predecessor have left people in such situations for ten years.

Sonas Housing Agency has highlighted the serious shortage of refuge space for women and children where they could access safety, and avail of the expert support and advocacy provided by front-line specialist services on violence against women. Being forced to live in unsafe and unsuitable accommodation results in an increased risk of threats and intimidation from ex-partners and husbands. Returning to the primary home often results in further risk and threats. Homeless hostels and bed and breakfasts are not equipped to respond to the risk and trauma that women and children have experienced.

Sinn Féin believes it is imperative for the Government to provide supported social housing to women and men subjected to domestic violence who have left crisis accommodation and have ongoing support needs, as well as a need for safe, secure accommodation. If victims are to survive — it is that serious — the Government must take steps to meet the emergency, transitional and long-term housing needs of victims and their families. Failure to do so is unjustifiable and unacceptable. Victims of domestic violence really need our support to ensure provision of essential services.

I acknowledge the welcome for the Sinn Féin motion that was demonstrated not only by the Opposition, but also by a number of Government backbenchers. We will see in a few moments what way those positive-speaking backbench Government Deputies will vote.

I thank all those who contributed to the debate and especially those who made constructive points and supported the Sinn Féin motion. I urge all those on the Government backbenches who spoke favourably on our motion to show conviction by having the courage to support the motion. In the case of hospital services in Roscommon we recently saw the influence Government backbenchers can have when they stamp their feet and wag their fingers. I hope the Government backbench Deputies will show the same backbone and courage for the people referred to in our motion and will stand by these people who need our support. They need Government action but have been ignored for a long time. I hope the Minister's amendment will be defeated and that the motion will be carried.

Amendment put.
The Dáil divided: Tá, 64; Níl, 47.

  • Ahern, Dermot.
  • Ahern, Noel.
  • Andrews, Barry.
  • Blaney, Niall.
  • Brady, Johnny.
  • Brady, Martin.
  • Browne, John.
  • Callanan, Joe.
  • Carey, Pat.
  • Cassidy, Donie.
  • Collins, Michael.
  • Coughlan, Mary.
  • Cregan, John.
  • Curran, John.
  • Davern, Noel.
  • de Valera, Síle.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Ellis, John.
  • Finneran, Michael.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Gallagher, Pat The Cope.
  • Grealish, Noel.
  • Harney, Mary.
  • Haughey, Seán.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kirk, Seamus.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • McDowell, Michael.
  • McEllistrim, Thomas.
  • Martin, Micheál.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M.J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Connor, Charlie.
  • O’Donnell, Liz.
  • O’Donovan, Denis.
  • O’Flynn, Noel.
  • O’Keeffe, Batt.
  • O’Keeffe, Ned.
  • O’Malley, Fiona.
  • O’Malley, Tim.
  • Parlon, Tom.
  • Power, Peter.
  • Roche, Dick.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Treacy, Noel.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G.V.

Níl

  • Breen, James.
  • Broughan, Thomas P.
  • Connolly, Paudge.
  • Costello, Joe.
  • Crawford, Seymour.
  • Crowe, Seán.
  • Cuffe, Ciarán.
  • Deasy, John.
  • Durkan, Bernard J.
  • Enright, Olwyn.
  • Ferris, Martin.
  • Gilmore, Eamon.
  • Gogarty, Paul.
  • Gregory, Tony.
  • Healy, Seamus.
  • Higgins, Joe.
  • Higgins, Michael D.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • McCormack, Pádraic.
  • McGrath, Finian.
  • McGrath, Paul.
  • McHugh, Paddy.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Moynihan-Cronin, Breeda.
  • Murphy, Catherine.
  • Murphy, Gerard.
  • Naughten, Denis.
  • Neville, Dan.
  • Ó Snodaigh, Aengus.
  • O’Dowd, Fergus.
  • O’Keeffe, Jim.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • Rabbitte, Pat.
  • Ryan, Eamon.
  • Sherlock, Joe.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Ó Snodaigh and Gregory.
Amendment declared carried.
Question put: "That the motion, as amended, be agreed to."
The Dáil divided: Tá, 63; Níl, 46.

  • Ahern, Dermot.
  • Andrews, Barry.
  • Blaney, Niall.
  • Brady, Johnny.
  • Brady, Martin.
  • Browne, John.
  • Callanan, Joe.
  • Carey, Pat.
  • Cassidy, Donie.
  • Collins, Michael.
  • Coughlan, Mary.
  • Cregan, John.
  • Curran, John.
  • Davern, Noel.
  • de Valera, Síle.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Ellis, John.
  • Finneran, Michael.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Gallagher, Pat The Cope.
  • Grealish, Noel.
  • Harney, Mary.
  • Haughey, Seán.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kirk, Seamus.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • McDowell, Michael.
  • McEllistrim, Thomas.
  • Martin, Micheál.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M.J..
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Connor, Charlie.
  • O’Donnell, Liz.
  • O’Donovan, Denis.
  • O’Flynn, Noel.
  • O’Keeffe, Batt.
  • O’Keeffe, Ned.
  • O’Malley, Fiona.
  • O’Malley, Tim.
  • Parlon, Tom.
  • Power, Peter.
  • Roche, Dick.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Treacy, Noel.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G.V.

Níl

  • Breen, James.
  • Broughan, Thomas P.
  • Connolly, Paudge.
  • Costello, Joe.
  • Crawford, Seymour.
  • Crowe, Seán.
  • Cuffe, Ciarán.
  • Deasy, John.
  • Durkan, Bernard J.
  • Enright, Olwyn.
  • Ferris, Martin.
  • Gilmore, Eamon.
  • Gogarty, Paul.
  • Gregory, Tony.
  • Healy, Seamus.
  • Higgins, Joe.
  • Higgins, Michael D.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • McCormack, Pádraic.
  • McGrath, Finian.
  • McGrath, Paul.
  • McHugh, Paddy.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Moynihan-Cronin, Breeda.
  • Murphy, Catherine.
  • Murphy, Gerard.
  • Naughten, Denis.
  • Neville, Dan.
  • Ó Snodaigh, Aengus.
  • O’Dowd, Fergus.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • Rabbitte, Pat.
  • Ryan, Eamon.
  • Sherlock, Joe.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Ó Snodaigh and Gregory.
Question declared carried.
Barr
Roinn