Oireachtas Joint and Select Committees

Wednesday, 28 March 2018

Select Committee on Justice and Equality

Domestic Violence Bill 2017 [Seanad]: Committee Stage

9:00 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Section 34 provides that the provisions of Part III of the Criminal Evidence Act 1992, which relate to the giving of evidence in criminal proceedings by television link or through an intermediary, will also apply to proceedings for an offence under section 33 of the Bill of breaching a domestic violence order. Deputies will be familiar with section 30 of the Criminal Justice (Victims of Crime) Act 2017, which was enacted after the publication of this Bill. That Bill, in the form of section 30 of the Criminal Justice (Victims of Crime) Act 2017, provides for a substantial amendment of Part III of the Criminal Evidence Act of 1992. It would be simpler and clearer to make provision in this Bill for specific amendments to section 12 of the Criminal Evidence Act which defines the relevant offences to which Part III of that Act applies. These amendments, which have been provided for in amendment No. 21, will ensure that the full protections of Part III of the Criminal Evidence Act 1992 will apply to victims of offences for breaches of domestic violence orders. It also applies to the issues of control and forced marriage.

As section 34 of the Bill will no longer be necessary if amendment No. 21 is accepted, it is appropriate that it be deleted in its entirety.

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