Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Another issue about amendment No. 6 which would be particularly unfortunate and could have the opposite effect to what we are trying to do with this Bill is that any weakening of support for mediation in family law cases on the grounds of alleged domestic abuse could in some circumstances encourage the making of such allegations with a view towards getting around the obligations on solicitors to provide information on options to mediation and mediation services. That would be most regressive.

I take the points raised by Deputy Madigan and acknowledge her contribution to this debate and to this legislation.

Amendment No. 7 to section 8, in the name of Deputy O'Brien, would have the effect of requiring the mediator to inquire separately and distinctly of the parties whether there had been domestic abuse in a relationship and then take a view on whether mediation would be suitable in the case. Such a choice, intervention or obligation would really be most intrusive and I do not see that as being encompassed in the role and function or task of the mediator. Mediation is by its nature a voluntary process. It is a matter for the parties themselves to decide whether to seek a resolution to a dispute that they may have through mediation. If there are children involved in a dispute that results in the safety of the children being at issue, there is a logical and direct remedy available, which is to proceed through the criminal courts, the HSE and the Garda Síochána, rather than a process where a mediator might be required to make a choice. I cannot accept the amendments.

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