Charles Flanagan (Laois, Fine Gael) | Oireachtas source

6 o’clock

I move amendment No. 1:

In page 37, to delete lines 19 to 31 and substitute the following:

"Continuation of proceedings

42. (1) Where on the coming into operation of Part 2, proceedings referred to in subsection (2) have been commenced under the Act of 1996 but not determined, those proceedings shall be continued as if they were civil proceedings under this Act.(2) Subsection (1) applies to the following proceedings:

(a) proceedings for the making, variation or discharge of a safety order or a barring order;

(b) proceedings, consequent on the making of an application for a barring order, for the making, variation or discharge of an interim barring order which relates to the application;

(c) proceedings, consequent on the making of an application for a safety order or barring order, for the making, variation or discharge of a protection order which relates to the application;

(d) any proceedings by way of appeal or case stated which are related to proceedings to which paragraph (a), (b) or (c) applies.”.

I thank the Members for the debate on this important legislation thus far. They will recall our earlier debate when I stated that a number of amendments would be introduced by me and the subject of deliberation on Report Stage. I am pleased to put four amendments before the House this evening. Amendment No. 1 is a technical amendment arising out of Committee Stage proceedings when a definition of "civil proceedings" was inserted in the Bill at section 2 along the lines of the definition in the Domestic Violence Act 1996. The effect of amendment No. 1 will be to ensure that the transitional provision in section 42 will apply to all civil proceedings under the 1996 Act which have been commenced but not yet determined when Part 2 of the Bill, which deals with court proceedings, comes into operation. This will ensure there is no uncertainty in relation to the continuity of applications for the variation or discharge of orders under the 1996 Act or with regard to any appeals which may be applicable to orders under the 1996 Act and under way on the commencement of Part 2.

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