Oireachtas Joint and Select Committees

Thursday, 31 March 2022

Joint Oireachtas Committee on Gender Equality

Recommendations of Citizens’ Assembly on Gender Equality: Discussion (Resumed)

Ms Sarah Benson:

That is a separate matter. Remote orders and a mechanism for applying for them came up as a proposition during the Covid-19 pandemic and was welcomed by Women's Aid and our colleagues in Safe Ireland. The Garda was not necessarily overjoyed about the idea of stations being used. We do not disagree because they are not necessarily conducive spaces. They are limited and they do not have connectivity and so on. We have looked at different pilots of remote proceedings that have been used for separation and divorce matters, for example, in the Circuit Court. A pilot is under way in Limerick court that is looking at this.

It has slowed down. There was excellent leadership from the President of the District Court during Covid and, perhaps just with other matters, it has not accelerated. However, it has certainly been under consideration and is something we would welcome. We recognise that practical logistical issues can be a serious constraint. We would also not want it restricted to someone having to leave their own home. We would like to see a mechanism for the temporary orders, which can be done ex parteand do not require a legal representative, that could be facilitated when he is at work perhaps. That is something we would like to see pursued.

I refer to the other question around what is referred to in the UK as Clare's Law. It is legislation that, with everything that we have been trying to keep our hands in, we possibly have not been actively lobbying for but it is something we would welcome examination of here. The legislation in the UK, which has been in place since 2015, was introduced after the death of a young woman called Clare at the hands of a partner who had a serious history of violence against previous partners. That legislation gives two really important tools. It provides the right to ask the relevant body if a current partner has a history and the police have a right to tell if they have a fear. We believe it is something that would be welcome.

I am sure I will concur with my colleagues on the education piece and I might give them the time on that.

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