Oireachtas Joint and Select Committees

Tuesday, 1 December 2020

Select Committee on Justice and Equality

Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage

Deputy Thomas Pringle:

I move amendment No. 44:

In page 9, between lines 19 and 20, to insert the following: “(2) (a) If the Court accepts that in the interests of the safety and welfare of the person against whom the offence was committed that, that person’s constitutional right to privacy and peaceful enjoyment of their dwelling requires that the address of the person against whom the offence was committed be withheld from the court order against the accused, the court may so order that the address of the person against whom the offence was committed shall be that of the District Court Clerk.

(b) An emergency civil restraint order may be made ex partewhere having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.

(c) Where an application for an emergency civil restraint order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant.

(d) If an emergency civil restraint order is made ex parte, a note of evidence given by the applicant shall be prepared forthwith—
(i) by the judge,

(ii) by the applicant or the applicant’s solicitor and approved by the judge, or

(iii) as otherwise directed by the judge.
(e) A copy of the emergency civil restraint order, affidavit or information sworn underparagraph (c)and note of evidence shall be served on the respondent as soon as practicable.”.

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