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

I understand Deputy O'Brien's intention and objective in tabling this amendment. Obviously, no one here would want someone in an abusive relationship to be forced into a mediation process where that abusive relationship could be re-enacted. Obviously, for someone who is the victim of domestic violence or any other form of violence, the appropriate place for that to be resolved is not in a civil court of law but a criminal court of law. However, I take on board what the Minister has said, that is, that the whole objective of mediation is that it is voluntary. The solicitor of a wife who is the victim of domestic abuse will offer her the option of going to mediation. She does not have to take it. There is nothing mandatory about it. She can say she has no interest in going into a room with the person who has abused her before. However, it is the case that the two parties will be in court together during court proceedings, so there is an option in mediation whereby the wife can say she does not want to be party to this and can decide not to go along with it.

The reality is that if it goes to court both persons are going to be in the room at the same time. It is incumbent on judges to ensure that there is no abuse within the courtroom. I appreciate the intention of Deputy Jonathan O'Brien, but because it is a voluntary arrangement I do not believe that it is necessary. There is also the reference to proceedings involving assault. There can be many proceedings where people claim such circumstances. A person might go to a nightclub and be attacked by bouncers. That can end up in our civil courts. There is no reason why that dispute should not be mediated. The great thing is that it can be decided upon by the person who has taken the claim. They can either go to mediation or decide not to.

The legitimate concerns that Deputy O'Brien had probably do not require this amendment because it is a voluntary arrangement.

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