Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I move amendment No. 5:

In page 7, between lines 33 and 34, to insert the following:“(i) proceedings where there are allegations of domestic violence or assault between the relevant parties;

(j) proceedings where the safety of one of the parties (and/or their children) is at risk;”.

These amendments seek to amend section 3 which deals with the scope of the Act, and to prevent it from applying to proceedings where there are allegations of domestic violence or assault between parties or where the safety of one of the parties is at risk. The amendment was tabled as a result of information provided to us by Women's Aid and we recognise that in the Bill. Mediation remains a voluntary process and mediation is promoted as an alternative to litigation, including in family law cases. We recognise that this is appropriate but we do not believe it applies to cases of domestic violence. We are conscious that new legislation is passing through the Houses of the Oireachtas to amend the law on domestic violence and, mindful that the phrasing may need to be tidied up at a later stage, we believe it can be done through that legislation.

For clarity, rather than listing specific legislation as per section 6, which excludes proceedings under the Domestic Violence Acts 1996-2011 from the scope of the Bill, this will apply to situations where domestic violence is an issue but may not have been prosecuted. It is simply not appropriate for a solicitor to advise his or her clients to attend mediation in cases of custody or access where there has been domestic violence. Abusers may attempt to bring forward mediation proceedings to prolong matters, and that is one of the key concerns of those who have passed on information to us in regard to this legislation. In a 2010 report on alternative dispute resolutions, the Law Reform Commission stated that they were not suitable where they involved proceedings under the domestic violence Acts, and it suggested a broad wording to include situations where there are safety issues. That is what we are attempting to reflect in amendment No. 6.

Amendment No. 7 would provide that a mediator, prior to commencing mediation, would make inquiries whether there has been domestic abuse in the relationship. This was also advocated by those in the sector dealing with the effects of domestic violence and those who have helped people who have suffered abuse by a spouse or other relative. There is a possibility that victims of abuse could be pushed into mediation settings, which would be wholly inappropriate. These amendments reflect concerns of people who have worked with victims, and the Law Reform Commission has also made suggestions along these lines. I hope the Minister will accept them on that basis.

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