Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I find it difficult to understand section 10 as it is drafted. It talks about a garda of appropriate rank. It does not specify or define what appropriate rank is. It then talks about how such a garda can authorise communicating with a on-call judge. As it does not say who they authorise, I do not understand the purpose behind it. If an applicant wishes to make an application to a judge, they can do so on an emergency basis. I think section 10 as drafted is a bad piece of drafting.

Deputy Wallace's amendment aims to limit the communication to telephone or secure electronic means. On a lot of previous occasions, people would just call to a judge's house and get an ex parteorder, which has happened previously, so I would be concerned. While section 10 is badly drafted and should be deleted, the amendment would limit the communication even more because communication includes telephone or secure electronic means but it would limit it to these means were Deputy Wallace's amendment to be accepted.

I have the same concerns about Deputy Clare Daly's amendment because it provides it "may be made by telephone or other secure electronic means, subject to the applicant’s undertaking to swear a grounding affidavit". Obviously, the situation with which people are dealing here arises is the middle of the night when there is an issue and the Garda is called. If the members of the Garda believe the husband has assaulted the wife, they should and can arrest him for a criminal offence. That is what should happen. I share the Minister's concerns about people being able to simply apply easily for an ex parteorder to get a barring order to get somebody out of the house in the middle of the night. Obviously, if there is any evidence of violence, the Garda should intervene and arrest the person suspected of violence but aside from that, section 10 confuses the whole issue. I would take it out.