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.