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

Clare Daly: I move amendment No. 25:In page 11, to delete line 4.

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

Clare Daly: I move amendment No. 28: In page 12, lines 8 and 9, to delete "communications by the mediator with the parties" and substitute the following: "communications, whether oral or written, between the mediator and the parties and the non-parties attending the mediation under section 6(4)(b)". The Minister and I are probably trying to do the same thing. His amendment is probably better than mine....

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

Clare Daly: I am open to that but I am not clear on whether non-parties are protected. I accept fully that the Minister's amendment will cover oral communications, which is one element of what I was trying to address.

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

Clare Daly: The legislation provides for somebody to partake in the process in a support role. It could be a legal person, trade union representative or community representative. He or she is not a party to the mediation but is present in a support or observer role. Are these people covered by the confidentiality provisions? They are non-parties.

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

Clare Daly: I will accept the Minister's amendment but I am a little unsure on the non-party issue. It is a peculiar scenario, which will not arise frequently-----

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

Clare Daly: It could and I am not sure we are absolutely clear. I will withdraw my amendment for now. I am glad oral communications are covered.

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

Clare Daly: I withdraw the amendment.

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

Clare Daly: I accept what the Minister said. I got a communication late last night from the Law Society on an issue in relation to the domestic violence legislation that sounds quite similar. I have not yet had a chance to look at it, so I have no idea whether it is a similar provision. I am just flagging it now for Report Stage as it may be my only opportunity.

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

Clare Daly: I move amendment No. 33:In page 16, line 29, after "court a" to insert "written".

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

Clare Daly: This is an important group of amendments for us. As Deputy Wallace said, the Law Reform Commission, the Law Society and the Mediators' Institute of Ireland are all keen that there would be some changes here, in particular with regard to the obligation in this section that mediators provide in their report to the court a statement of their opinion as to whether or not the parties fully...

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

Clare Daly: I think amendment No. 33 is reasonable. If we are saying it is implied that a report should be written, we should spell it out. I do not think there is any harm in that. It is not wordy or cumbersome and will not undermine the Bill. I would like to press those amendments. I accept the point on amendment No. 34 and am happy to withdraw that. In terms of the bigger picture, it is a key...

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

Clare Daly: Can I just ask about the Report Stage amendments?

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

Clare Daly: It is a procedural matter. There is a number of bodies of work that we said the Minister is going to direct. Is there a facility for us to amend those amendments if they do not tick the boxes? We cannot anticipate the Minister. Does the Chairman know what I mean? How do we deal with that? We can put in amendments now to the Bill, as amended by the committee, but the Department has...

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

Clare Daly: I am not looking to put any extra work on anybody. It was really to enable the smooth passage of the Bill. We can put in the old amendments or we can anticipate what the Minister's changes will be and seek to amend them.

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

Clare Daly: I think we all would love to get it passed by the summer-----

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

Clare Daly: -----but there is a minimum requirement. We are just worried. It was that, by the Chairman stating to get them in without delay, that we were wondering what that meant. There will have to be a notice sent stating to get them in by Friday. We will not just walk out of here and come up with a date.

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

Clare Daly: That is grand.

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

Clare Daly: We all would love to see it passed by the summer.

Financial Emergency Measures in the Public Interest: Statements (29 Jun 2017)

Clare Daly: I apologise for missing the opening statement of the Minister but I was at a meeting of the justice committee all afternoon, which has just finished. It is a bit of an affront to call this emergency legislation and it is an insult to people. There are real emergencies in Irish society such as the mental health crisis, the housing crisis, the bed crisis in our hospitals and many others for...

Topical Issue Debate: Military Aircraft (29 Jun 2017)

Clare Daly: It is somewhat poignant that we are having this discussion on the day the Italian Government announced it cannot take any more migrants. In the region of 10,000 people have already made the journey to Italy, many of them fleeing war in the Middle East. Ireland is a country that claims to be neutral and we cannot shake our heads and say it is nothing to do with us when we continue to allow...

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