Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the importance of the points raised by Deputies Wallace and Clare Daly. I know where they are coming from and am familiar with the issue. Unfortunately, it is an issue that arises from time to time and does present difficulties. I acknowledge the Seanad amendments, particularly those in the name of Senators Ruane and Black. I do not see how I can go along in its entirety with the point raised by the Deputies for reasons that are not only obvious but appropriate. The section provides that on request from a garda attending a domestic violence incident, a garda of appropriate rank can authorise communicating with an on-call judge to apply for an out-of-hours barring order. There is always an on-call judge. That is not an issue. Judges are rostered and are on call to expect appropriate calls for sittings and action. My officials, in consultation with the Courts Service, the Garda and the Office of the Parliamentary Counsel, have examined section 10 to see what improvements and adjustments may be needed to the text. Amendment No. 14 proposes a new section 25, as referred to by Deputy Wallace, to provide for the arrangement of the out-of-hours sitting. The new section will apply to applications for interim barring orders, protection orders and emergency barring orders but would be limited to cases where a garda actually attended an incident. It is broad enough to include cases where a victim of domestic violence walks into a Garda station to immediately seek assistance or to seek immediate assistance. I am proposing that this new section, which has been drafted by the Office of the Parliamentary Counsel, would replace the current section 10. To my mind, the new section is legally clearer and will be workable on the part of An Garda Síochána and the Courts Service.

I have a problem with amendments Nos. 8 and 9. The interests of justice demand that the court has an opportunity to assess the case fully and the demeanour of the applicant for any order on a face-to-face basis. This is where I have a difficulty in respect of telephone calls, emails or what might be regarded as a less regular point of view. We must remember that these applications are being made on an ex partebasis and only one side is being heard. The respondent may not even be around and will not be on notice. Consequently, I do not believe it appropriate or proportionate to allow for a telephone call or an email application for a barring order from anyone, given the serious consequences for the respondent and the likelihood that this person would be immediately barred from the property. Allowing applications to be made by telephone - allowing applications that might be made in a rather casual manner where it would be really difficult to verify the identity of the applicant - would give rise to serious problems. I also believe there could well be applications of a mischievous nature or even worse, applications of a malicious nature by parties with an involvement here. The sections of the Bill that provide for different orders do not provide for applications for such orders to be made by An Garda Síochána. Applications are to be made by the person who will be the subject matter of the order and who will ultimately benefit from the order except in certain cases where the Child and Family Agency may make an emergency application as provided for in section 12. I have a concern that even if the amendments were to accepted, which I am not minded to do, they do not set out any criteria or threshold for a court to determine that a telephone call or electronic application would be appropriate in a particular case. In conclusion, where there are cases in which there is an immediate risk of harm, the new section 25 proposed to be inserted by amendment No. 14, which provides for the special court sitting on an emergency basis, will resolve the fundamental issue for victims of domestic violence, which is really quick access to court and a speedy hearing all, of course, in exceptional circumstances having regard to the fact that we are dealing with an emergency application in the first instance.