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

I move amendment No. 17:

In page 31, to delete lines 11 and 12 and substitute the following:“commits an offence and is liable—(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 5 years, or both.”.

Generally when there is a breach of a court order the remedy is for the applicant or the person affected to bring an application for attachment and committal. That obviously places a lot of obligations and burdens on the applicants. The fact that it is specified in section 33 that it is an offence to contravene a safety order, a barring order or the other orders set out in the legislation is to be welcomed.

This amendment is probably unusual. It seeks to make the offence of breach of a court order not just a summary offence but also an indictable offence, based on the serious nature of the breach. If it is an offence that is prosecuted on indictment there would be a further penalty. I am conscious of the fact that breaches of court orders are not offences, so I welcome the fact this is being made an offence without prejudice to the fact that contempt of court jurisprudence will still operate. I am interested in what the Minister has to say in response to the proposal that it be an offence prosecutable on indictment as well as summarily.