2026-03-19

9. Deputy Grace Boland asked the Minister for Justice, Home Affairs and Migration the way in which his Department is supporting Cuan in advancing measures that allow victims to remain safely in the home while the abuser is required to leave, as highlighted in recent engagement with stakeholders and local representatives; and if he will make a statement on the matter. [20725/26]

I met the new superintendent in Balbriggan this week and she confirmed to me that domestic abuse continued to be one of the most persistent issues in north County Dublin and, I have no doubt, throughout the country. Victims should not be the ones forced to abandon their homes. The victim stays and the abuser leaves must become the standard practice and not just a principle. I ask the Minister to provide an update on his work with Cuan to make sure this principle is actually happening in practice.

As I indicated in my response to Deputy Ó Cearúil earlier, we have to be very careful when discussing the issue of women fleeing domestic violence that we do not present the solution as being removing the woman from the house and putting her, long term, into emergency accommodation in a refuge or a safe home. That cannot be the long-term solution. Refuges or safe homes are needed because sometimes there is an emergency requirement, on a short-term basis, for a woman and her children to leave the home where the abuser is. Ultimately, however, what should be happening if a woman is being abused within a domestic relationship in a home that both partners own or are in a joint tenancy is not that the woman is forced to leave, but the man, the abuser. My Department is working to develop a new policy on removal orders to take offenders out of the home in high-risk cases. In particular, new powers are under active consideration that would allow gardaí to intervene in cases where they believe there is a high risk of domestic violence offences being committed. Deputy Boland will be aware that emergency barring orders can be sought under section 9 of the 2018 legislation on domestic violence and that is something that needs to be invoked more. An order under section 9 may not exceed eight working days and further emergency barring orders may be made against a respondent within a month of the expiry of a previous barring order where exceptional circumstances justify this. I am aware that those statutory provisions are available and I would like to see more women using them. I will be discussing this with Cuan but, ultimately, it is a matter for this House and the Seanad to determine whether new legislation is required. My own view is that it is not required. What is there in terms of the use of barring orders should be used more, availed of more and provided for more by the courts.

I appreciate the Minister's comments on this. We know the lived reality is that these measures are not being taken quickly enough. What steps is Cuan taking, with the Minister's support, to deliver in terms of ensuring victims are supported in a timely way so that they remain safe?

Cuan is actively collaborating with statutory agencies and organisations to ensure effective responses to reduce the incidence and duration of homelessness arising from domestic violence and to support pathways for long-term accommodation for victims. The demand for safe accommodation remains high and Cuan continues to work with services and agencies to support victim survivor progression and, where appropriate, safe return. Individuals who are victims of domestic abuse need to be aware of the statutory powers that are in place to enable them to get barring orders against an abusing partner. That is something that is not being used as much as I would like. However, I am conscious that it takes time when an application is made. There is a period before the order can be made by the court to remove the abuser from the home. The legislation is strong but we need to spread the message more that the remedy is available.

In terms of making sure that we are following up and doing everything we can in this House, will the Minister commit to publishing clear data on outcomes of domestic abuse cases, including instances where the victim is allowed to stay in the home rather than having to leave, as well as data on the various delays and barriers in the system? We must ensure that all gardaí have the appropriate knowledge and can support all victims. Will the Minister also commit to bringing forward any necessary changes, whether they be legislative or operational, to ensure victims are not displaced?

I agree that data in this area is extremely important. If I have data on outcomes in domestic abuse hearings, I will certainly put it into the public domain, if possible, because it would be important to do so. There have been very significant improvements on the part of An Garda Síochána in recent years in dealing with domestic abuse. I have engaged with protective units within An Garda Síochána that deal specifically with domestic abuse. I will not identify the areas where I have engaged with them but, regrettably, they are very busy. There is a high level of professionalism and knowledge on the part of gardaí who are dealing with what is a really difficult type of policing requirement. In many instances, they are called late in the evening, alcohol may have been consumed and there is a domestic row. It is a difficult scenario for An Garda Síochána but its members are really advancing the interests of victims now and we are beginning to see that. Many people who come out of court as a result of domestic cases praise An Garda Síochána for the support they got.