Dáil debates

Wednesday, 25 April 2018

Domestic Violence Bill 2017 [Seanad]: Report and Final Stages

 

5:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 41, between lines 34 and 35, to insert the following:

“Amendment of Schedule 3 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012

52. Schedule 3 to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended by the substitution of the following paragraph for paragraph 1:“1. An offence under section 17 of the Domestic Violence Act 1996 or section 33, 38 or 39 of the Domestic Violence Act 2018.”.”.

Amendments Nos. 2 to 4, inclusive, refer specifically to Part 4 of the Bill, which will replace references to the Domestic Violence Act 1996 in existing legislation with references to the corresponding provisions in the Bill before the House. Since the legislation was published, the Mediation Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 have been enacted. Amendments Nos. 3 and 4 are technical amendments to replace the references in those Acts to the 1996 Act with references to the Bill when enacted.

Amendment No. 2 provides for the amendment of Schedule 3 to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. Schedule 3 to the 2012 Act was inserted by section 29 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and sets out a list of offences which are excluded from the application of section 14A of the 2012 Act. Section 14A provides for circumstances in which certain convictions are not required to be disclosed in the Garda vetting process. The offences listed in Schedule 3 are offences which would give rise to a bona fide concern that a person could pose a threat to a child or vulnerable person. The offence of breaching an order under the Domestic Violence Act 1996 is listed in Schedule 3. Amendment No. 2 proposes to add the corresponding offence under this Bill and the new offences of coercive control and forced marriage. Amendment No. 3 is a mere technical amendment on the matter of reference to the Domestic Violence Act 1996 and the Mediation Act.

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