Results 601-620 of 1,702 for speaker:Barry Ward

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I noted my opposition to section 68. The proposed section 68 within the Bill at the moment relates to family law proceedings where concurrent jurisdictions are conferred on the Family High Court, Family Circuit Court and Family District Court. It restricts an application from commencing family law proceedings in the High Court, unless there is a special reason for doing so. I am also...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I will be brief. Section 69 essentially confers an unlimited jurisdiction, monetarily, on the District Court. It specifically states that where there is consent, that is, where the court is satisfied that an agreement has been reached between the parties and they have consented to proceedings being in the District Court, the family District Court, without limit as to monetary jurisdiction,...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I had registered my opposition to sections 70, 71 and 72, which arise on foot of the need for the jurisdiction of the District Court to be expanded. I will not speak again, but it is convenient to come in now in relation to what the Minister said. If the Minister is not with me in terms of the issues that might arise from the enormous expansion of the District Court jurisdiction, then these...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I have already registered my opposition to this. What section 76 proposes to do is to amend section 10 of the Family Home Protection Act 1976 and therefore to confer on the District Court a jurisdiction it does not have at present. The Family Home Protection Act is massively important legislation that transformed the status of women in relation to family law proceedings because before that,...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 87: In page 64, to delete lines 33 to 40. This amendment relates to section 77(a), (b) and (c). It concerns the Family Law (Maintenance of Spouses and Children) Act 1976 and would amend it in a number of different respects, but would permit a District Court to make a separation agreement as a rule of court. Paragraph (c) confers jurisdiction on the District Court to...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 88: In page 66, lines 29 and 30, to delete “Subject section 69 of the Family Courts Act 2022 and subsection (4),”. If I may speak very briefly, this is a similar issue. However, the amendment relates specifically to the context of the land jurisdiction.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I know Senator Horkan will not interrupt again, as the Chair has allowed me to say a few words on the issue.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: The amendment relates to section 78(2) and the proposed new section 8 being inserted into the 1981 Act. It again confers jurisdiction on the District Court to deal with property disputes up to a value of €1 million where the parties are formally engaged. This appears to be out of line with the District Court's monetary jurisdiction generally, which is €15,000. It is an...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: Very good. The Minister understands the point I am making.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I have not heard from the Minister yet, but I will withdraw it any event because I know she is proposing to bring forward amendments on Report Stage.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 89: In page 66, to delete lines 33 to 38, and in page 67, to delete lines 1 to 22.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 90: In page 68, line 37, to delete “the Family District Court,”.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 91: In page 68, to delete line 40, and in page 69, to delete lines 1 to 28.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 92: In page 69, line 31, to delete “or Family District Court district”.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: The Minister understands my position. The amendments I tabled were predicated on concerns about the capacity of the District Court to deal with the expanded jurisdiction that is being handed to it in this Bill. That is not to say the District Court is not important. I do not want to cast any aspersions on it. The District Court deals with a greater caseload than any other court in this...

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 93: In page 76, lines 22 and 23, to delete “Subject to the provisions of this section, the Family District Court (other than in respect of proceedings under Part IV),”.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 94: In page 76, to delete lines 29 to 40, and in page 77, to delete lines 1 to 15.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 96: In page 78, line 19, to delete “the Family District Court,”.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 97: In page 78, to delete lines 27 to 41, and in page 79, to delete lines 1 to 7.

Seanad: Family Courts Bill 2022: Committee Stage (2 Oct 2024)

Barry Ward: I move amendment No. 98: In page 79, line 9, to delete “the Family District Court and”.