Results 4,501-4,520 of 20,831 for speaker:David Norris

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

David Norris: I move amendment No. 18:In page 15, line 28, 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: My amendment No. 20 addresses an emergency situation. Offences are repeatedly committed while defendants are out on bail, not only in these cases but in many criminal cases. This is a growing problem in addressing the world of the criminal. My amendment states "an application may be made by telephone or other secure electronic means", and it is important to say secure electronic means. It...

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

David Norris: The Minister of State has made a comprehensive, interesting and helpful reply but at the same time I do not really think he has grasped the nettle of the immediacy of the situation. What we are contemplating here is not a situation that can wait for a few hours, a day or whatever period it is. It is a situation where violence is imminently present and a person, usually but not always a...

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

David Norris: Advertise.

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

David Norris: I move amendment No. 20:In page 16, line 20, after “justice” to insert the following:“and where necessary out of hours where the applicant and any dependent children are at risk of immediate harm if the order is not made in this way, such an application may be made by telephone or other secure electronic means, subject to the applicant’s undertaking to swear an...

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

David Norris: I will withdraw it, but I reserve the right to re-enter it on Report Stage.

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

David Norris: I move amendment No. 21:In page 16, line 37, to delete “8 working” and substitute “28 working”. This is just a simple amendment. It seems to us that the question of eight days for an emergency barring order is not enough. I suggest that this be extended from eight working days to 28 working days. In violent situations, we need to give a sufficient amount of...

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

David Norris: I neglected to refer to my other amendment, No. 24, which provides for an extension or renewal of an emergency barring order in circumstances where the court deems it to be necessary to protect the safety and welfare of the applicant and the child or children. I am not sure whether this would fail a constitutional test because it is a renewal. It is not extending the initial order. It is...

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

David Norris: Can I ask-----

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

David Norris: There is no provision for that.

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

David Norris: Sorry, I wanted to make a contribution.

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

David Norris: On Senator Burke's intervention, I do not believe that there is any provision in the law to make an application for a renewal. If the Minister wants to respond immediately to this I would be happy to hear him.

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

David Norris: The Minister is very helpful. Can I just point out that among the three amendments dealing with extending the eight working days that there is one for 20, one for 38, which is less than three weeks and not four, and then there is one for 28?The figure of 28 is the median, so I would recommend that to the Minister of State. I did not quite follow when the Minister of State was making his...

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

David Norris: I see.

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

David Norris: I move amendment No. 24:In page 17, to delete lines 1 to 9 and substitute the following:“(16) (a) Where an emergency barring order has been made against the respondent, such order shall be capable of being renewed for a further period or periods, not exceeding six months in total.(b) On an application for an order under this subsection, the court shall consider whether such an order is...

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

David Norris: I move amendment No. 26:In page 17, between lines 9 and 10, to insert the following:“9.On request from a Garda attending a domestic violence incident, a Garda of appropriate rank, can authorise the calling of an on-call judge to apply for an out of hours barring order. The return date shall be the next sitting day in the nearest available court.”.

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

David Norris: I move amendment No. 31:In page 18, between lines 24 and 25, to insert the following:“10. Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires the making of a relevant order, the court cannot substitute an undertaking or a court order.”.

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

David Norris: I of course accept the ruling of the Cathaoirleach that amendment No. 30 has been ruled out of order, but it shows the lamentable impact of this nonsensical ruling that the Seanad cannot provide for a charge on the Exchequer. It is utter nonsense. I had hoped the Minister of State would accept the amendment.

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

David Norris: I ask the Minister of State to consider introducing such an amendment.Without this what one does is leave the children hanging. There is no provision for them at all. It is worse than useless. It is a typical Irish situation where one grants a barring order but there is no provision for the welfare of the children whatever and they are then just left hanging. The amendment wanted to...

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

David Norris: I hope that it will. I had been told that there was a constitutional bar on this but I do not think there is. I think it is in our Standing Orders.