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Seanad: Order of Business (29 Nov 2017)

David Norris: I hope my longevity is assured, but I do not think the Seanad can do that.

Seanad: Order of Business (29 Nov 2017)

David Norris: The Senator seems to have an urge to be the Leader of the House.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I have spoken at some length on this issue already so I will just leave my arguments on the record as they were. I would like to say, however, that this amendment from Senator Bacik and the Labour Party is very close to my own so I would be happy to withdraw mine and support Senator Bacik's instead. This is a very important amendment, so if it is defeated I can presumably resubmit my...

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: Yes.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: Yes.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I also forgot to welcome the Minister of State. However, I am sure we are all very glad we are here and not out canvassing for an election on 19 December. The Minister of State seems to have two opposing ideas in his mind at the same time. One is that the list is exhaustive and the other that it is too restricted. With regard to the question of it being too restricted, one of the reasons...

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I wonder if I might point out that I do have that kind of clause, namely, "any other matter which appears to the court to be relevant".

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I move amendment No. 4:In page 8, between lines 2 and 3, to insert the following: “Factors to be considered under sections 6 to 10 5. (1) On any application for an order under sections 6, 7, 8, 9 or 10, the court shall have regard to the following when deciding whether there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person requires...

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I welcome the amendment. It shows growing sophistication on the part of the Government. Relationships nowadays come in many different varieties and quite a few successful relationships, and some unsuccessful ones, consist of a situation where the parties concerned do not live together. The amendment is a recognition of that and it is a very good thing. I do not know why people are coy...

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I also welcome the Minister's decision on the use of "shall" instead of "may" but amendment No. 31 proposes that the court should not be able to substitute an undertaking for a court order when there is violence and this is a pretty serious issue as an undertaking is a lesser form of order. The first part of amendment No. 36 deals with a situation where there may be a tendentious activity on...

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: The court's hands are not completely tied in this matter because in subsection (1) of my amendment it states that the court shall not disallow contact "save where it finds based on the evidence available that there are compelling reasons to do so". The option is left open but it requires compelling reasons. The court, though, can make the decision so its hands are not completely tied.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I move amendment No. 10:In page 9, line 5, after “person” to insert the following:“, save for urgent electronic communications which are strictly necessary for the care and welfare of any dependent children of the applicant and respondent to the extent that and in the form that the court directs”.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: In my amendment, we exempt certain things, "save for urgent electronic communications which are strictly necessary for the care and welfare of any dependent children of the applicant and respondent to the extent that and in the form that the court directs". I think it is helpful.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I did not hear anything in what the Minister helpfully read out that exempted communication of an urgent nature. I take he is saying it is implicit and that "urgent telephone communication" is in the Bill.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I think it is better to be explicit.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: No. I will withdraw it and will possibly re-enter it on Report Stage. I ask the Minister of State to consider carefully what has been said. I accept that it is implicit, as the Minister of State said, but in a busy court, it may not occur to a judge that urgent electronic communications are in the interests of the welfare of a child. I think amendment No. 54 in the name of Senator Bacik...

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: Yes, that is a simple technical amendment. I will withdraw my amendment No. 10 with the proviso that I can re-enter it on Report Stage. I urge the Minister of State to consider the arguments he has heard this evening.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I move amendment No. 13:In page 10, line 41, after “person” to insert the following:“, save for urgent electronic communications which are strictly necessary for the care and welfare of any dependent children of the applicant and respondent to the extent that and in the form that the court directs”.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: I move amendment No. 15:In page 13, line 2, after “person” to insert the following:“, save for urgent electronic communications which are strictly necessary for the care and welfare of any dependent children of the applicant and respondent to the extent that and in the form that the court directs”.

Seanad: Domestic Violence Bill 2017: Committee Stage (Resumed) (28 Nov 2017)

David Norris: This amendment will be moved and instantly withdrawn. It is a kind of parliamentary premature ejaculation.

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