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Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 5:In page 16, line 12, to delete “and committed”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 6:In page 16, to delete lines 16 and 17 and substitute the following:“(2) The court may only make an order under this section in respect of a place where an applicant or a dependent person resides and where—”. The purpose of these amendments is merely to improve the clarity of the provisions of section 9 in the matter of applications for emergency...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 7:In page 16, line 22, to delete “Where the court, on application to it under subsection (2), is of the opinion” and substitute “Subject to subsection (2), where the court, on application to it, is of the opinion”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I acknowledge the importance of the points raised by Deputies Wallace and Clare Daly. I know where they are coming from and am familiar with the issue. Unfortunately, it is an issue that arises from time to time and does present difficulties. I acknowledge the Seanad amendments, particularly those in the name of Senators Ruane and Black. I do not see how I can go along in its entirety...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I am anxious to meet the concerns portrayed by the Deputies. However, I need to do so in a clear and proportionate manner. I take Deputy O'Callaghan's point about section 10. I and the Office of the Parliamentary Counsel are on the same page on this and want to ensure that adjustments are made to bring about improvement to the text. I will examine it again because what we need is clarity,...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I would not like to see a situation develop where a garda at an emergency situation feels he or she is not of an appropriate rank to make a call or the Garda rank required is not on duty and the case goes unattended. It is a valid point and we will look at it. It is important, however, that the attending officer is of sufficient rank to be in a position to make this call. I will re-examine...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: Yes, I suspect the Chair will not allow me to digress into discussing Garda resources but €1.6 billion is allocated for training. I agree training and expertise are issues. There are ongoing retraining programmes to ensure we have best practice.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 10:In page 24, to delete lines 14 to 17. Section 20 of the Bill provides for copies of the orders under the Act to be given to various persons, including the respondent, by the court. These provisions are included in section 20. Order 59, rule 10, of the District Court rules provides that the clerk of the court shall give a copy of the order under the Domestic Violence...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: The points I have made cover amendment No. 11.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I take the silence as support.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I do.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I rarely get it.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I thank the Cathaoirleach.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I will not say any more.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 11:In page 24, between lines 20 and 21, to insert the following:"(5) A court may direct that a relevant order be served personally by a member of the Garda Síochána on a respondent who is not present at a sitting of the court at which the order is made in any case where—(a) there are reasonable grounds for believing that the respondent may evade service...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 12:In page 27, lines 4 to 11, to delete all words from and including "The" in line 4 down to and including line 11 and substitute the following:"The jurisdiction of the court in respect of civil proceedings under this Act may be exercised—(a) as regards the Circuit Court, by the judge of the Circuit Court within whose circuit, and (b) as regards the District...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: This is something we need to look at in the longer term. I have been discussing the whole basis of the jurisdiction of the District Court under current divisions and whether we might update and modernise District Court jurisdiction to allow for a broader jurisdiction. At present, the judge of the District Court is the person who is assigned to the appropriate district. If that person is...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: No, I am not. I am looking at it in the context of the broader District Court and its jurisdiction in the State.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: It is not peculiar to this legislation.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: No.

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