Results 4,881-4,900 of 14,127 for speaker:David Stanton

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

David Stanton: There are two issues, the first of which is communication by telephone or electronic means. I have dealt with that, as it is important that someone be available in person. The second issue has to do with delays in emergency or extreme cases where an applicant or children could be in grave danger. Court clerks are on call and can call the judge assigned and explain the gravity of the...

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

David Stanton: There does not seem to be a need for amendments Nos. 26 and 27, given that what they are calling for is already possible according to my information. However, perhaps the practice needs to be made known and improved. Regarding the amendments on someone being present in court in person, that is important so as to verify the identity of the applicant. The issue of malicious applications by...

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

David Stanton: I thank the Senators for their work and consideration on this matter. The introduction of the emergency barring order provided for in section 8 of the Bill is an innovative provision that allows an applicant with no ownership of property or a lesser share than the respondent to have the respondent barred from that person's property for up to eight working days. We have given careful and...

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

David Stanton: Let us look at what we are doing here. We are actually saying that an owner of a property can be barred for up to eight working days or maybe 13 working days by using this innovative emergency barring order. This is very new. It is innovative. The advice I have is that eight working days is something one could work with. If we go beyond that we are talking about property rights. A...

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

David Stanton: Sorry, I just want to finish my train of thought. I am prepared to look at it again if possible and appropriate. However, I think we are really pushing the boundaries here. I do not want to run the risk of losing the whole thing through a constitutional challenge. There is too much to lose.

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

David Stanton: Section 8, subsection 16(b), as Senator Bacik has said, states a further emergency barring order may be made against a respondent within the one month period referred to in paragraph (a) where the court is satisfied, having due regard to the circumstances of the respondent, there are exceptional circumstances which justify the making of a further order.

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

David Stanton: It is obviously the person who applies for the barring order.

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

David Stanton: We said that we accepted amendment No. 6 because we would bring forward our own amendment too.

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

David Stanton: Yes, exactly.

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

David Stanton: Yes. Amendment No. 35 mentions reasons but not written reasons. Amendment No. 35 also states:(a) to grant or refuse the application, (b) if applicable, to make the specified order subject to exceptions or conditions, and (c) to vary the exceptions or conditions referred to in paragraph (b).”. We will look again at the area around amendment No. 6 and will try to improve that. I...

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

David Stanton: It is proposed that we take amendments Nos. 37 to 39, inclusive, together. The court is required to ensure, as soon as practicable, after making an order under the Bill that a copy of the order is given or sent to the applicant and the respondent. This is provided for in section 16 of the Bill. The District Court rules, Order 59, Rule 10, states that copies of domestic violence orders...

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

David Stanton: As I have said, it is not the intention at this point to depart from the long-standing position whereby members of An Garda Síochána do not generally serve civil orders. That is a long-standing tradition and that is the position we are taking on this.

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

David Stanton: The purpose of amendment No. 40 is to improve the clarity of section 22, which allows domestic violence victims to be accompanied in court during proceedings under the Bill. SAFE Ireland suggested that section 22, which allows applicants for orders to be accompanied in court by a person of their choice, including a support worker, should be amended to allow a particular accompanier to be...

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

David Stanton: The purpose of these amendments is to clarify that the requirement under section 24 for the Courts Service to provide information to victims about support services, and the definition of “relevant person” in section 33, which prohibits the publication or broadcast of certain matters, will apply in relation to all applicants for orders under the Bill. The definition of the term...

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

David Stanton: I cannot agree with this amendment at all for very serious reasons. I agree with the Senators that a breach of a domestic violence order is reprehensible. While I appreciate the purpose of the amendment, I am concerned that unintended consequences detrimental to victims could follow from this amendment. Orders granted under this Bill are civil orders and the threshold of proof in cases is...

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

David Stanton: Concern was expressed in the Seanad on Second Stage and in submissions received by my Department about the possible unintended consequences of the definition of "publishes" in section 33. The section provides that where criminal proceedings are brought for contravention of an order under the Bill, it will be an offence to publish or broadcast any information or photographs which could lead...

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

David Stanton: This is a new section which deals with controlling or coercive behaviour in an intimate or family relationship. We had a very good debate on this. Having considered the points made by Senators on Committee Stage, I am proposing this amendment. I agree that behaviours in a domestic setting which involve emotional abuse, humiliation and fear can be as harmful to victims as physical abuse as...

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

David Stanton: I thank the Senators for the good debate we had last time on this issue. It is important to tease out these matters. When I was Chairman of the Joint Committee on Justice and Equality we had some hearings on this issue and they involved some colleagues here. Again, they were persuasive. Officials from the Department and the Office of the Attorney General have done considerable work on...

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

David Stanton: This amendment arose out of our debates last time. It is an important amendment. I have tabled the amendment taking account of the concerns raised by Senators regarding sentences where violent offences are committed against a person's spouse, civil partner or person with whom he or she is in an intimate and committed relationship. The purpose of the amendment is to ensure that where...

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

David Stanton: This amendment raises several interesting issues which I will deal with in turn. Making assault under section 2 of the 1997 Act an arrestable offence would be problematic, as arrestable offences are by their nature more serious crimes and assault under section 2 is by definition a summary offence. The offence under section 3 of the 1997 Act, assault causing harm, is an offence that may, in...