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Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 31:In page 12, line 25, to delete “civil”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 32:In page 15, between lines 19 and 20, to insert the following: “(4) This section shall not apply to any proceedings, including any application, under— (a) section 6A, 11 or 11B of the Guardianship of Infants Act 1964, (b) section 2 of the Judicial Separation and Family Law Act 1989, or (c) section 5 of the Family Law (Divorce) Act 1996.” As...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I would be happy to have a look at that. I take the point that it could well be appropriate.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: This group of amendments relates to the mediator’s report to the court under section 17. It provides that where the parties decide to engage in mediation following an invitation by the court, and they subsequently apply to the court to re-enter the proceedings, the mediator will prepare and submit a report to the court outlining the outcome of the mediation. I take the point with...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I acknowledge what Deputies have said. We will work towards reaching accommodation, having regard to today's discussion.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 36:In page 16, to delete lines 36 and 37, and in page 17, to delete lines 1 to 3 and substitute the following:“(ii) if a mediation settlement has been reached on all, or some only of the, matters concerning that dispute, a statement of the terms of the mediation settlement, and”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 38:In page 18, to delete lines 6 and 7.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 39:In page 20, after line 5, to insert the following: “PART 6 AMENDMENT OF OTHER ACTSAmendment of Guardianship of Infants Act 1964 24.The Guardianship of Infants Act 1964 is amended—(a) in section 20—(i) in subsection (2)(b), by the substitution of “give to the applicant the names and addresses of persons who provide a mediation service and...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 40:In page 20, after line 5, to insert the following: “Amendment of Judicial Separation and Family Law Act 1989 25.The Judicial Separation and Family Law Act 1989 is amended: (a)in section 5— (i)in subsection (1)(b), by the substitution of “, give to the applicant the names and addresses of persons who provide a mediation service and inform the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 41:In page 20, after line 5, to insert the following: “Amendment of Family Law (Divorce) Act 1996 26.The Family Law (Divorce) Act 1996 is amended— (a)in section 6— (i)in subsection (2)(b), by the substitution of “, give to the applicant the names and addresses of persons who provide a mediation service for spouses who have become estranged...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I very much appreciate the objective of the Deputy’s amendment but there are a number of reasons I wish to put forward for my disposition not to accept it. The amendment would impose a significant additional function on the proposed mediation council in respect of complaints and disciplinary matters. Following publication of the report of the then Joint Committee on Justice, Defence...

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: It is a procedural issue.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: Let us see what we can do, having regard to what the Chairman states about the spirit of compromise, which, of course, works both ways. We will make contact with the Deputies. I could be wrong here but my assumption is that the Deputies will perhaps resubmit amendments in largely similar form to those on Committee Stage. I take the Chairman's point regarding short notice but short notice...

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: We will make contact with the clerk to the committee on the matter.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: We will work something satisfactory, if we can, through the clerk to the committee.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: Yes.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: I am in the hands of the Business Committee in terms of scheduling. I am not sure; perhaps the clerk to the committee could send a message to the Business Committee that it is the wish of the committee to have matters dealt with.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: Yes.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: We will make contact with Deputies.

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: I myself need an element of notice on these issues.

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