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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.

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

Charles Flanagan: It is a mere technical amendment to ensure certainty.

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

Charles Flanagan: I move amendment No. 13:In page 27, to delete lines 15 to 17.

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

Charles Flanagan: I move amendment No. 14:In page 27, after line 36, to insert the following:"Special sitting of District Court 25.(1) A member of the Garda Síochána not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes specified in subsection (2)—(a) where a person has informed the member that he or she wishes to...

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

Charles Flanagan: I move amendment No. 15:In page 28, lines 2 and 3, to delete "In an application for a safety order, a barring order, an interim barring order, an emergency barring order or a protection order," and substitute "In civil proceedings under this Act,".

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

Charles Flanagan: I move amendment No. 16:In page 28, line 35, to delete “In proceedings under this Act, other than proceedings for” and substitute “In civil proceedings under this Act, other than proceedings for the making of”.

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

Charles Flanagan: Deputy O'Callaghan acknowledges that his amendment is somewhat unusual. I am somewhat concerned that there might be unintended consequences detrimental to victims if an offence of breaching a domestic violence order was triable on indictment and punishable by imprisonment of up to five years. There would be adverse consequences for the availability of these orders. Orders granted under the...

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

Charles Flanagan: Section 34 provides that the provisions of Part III of the Criminal Evidence Act 1992, which relate to the giving of evidence in criminal proceedings by television link or through an intermediary, will also apply to proceedings for an offence under section 33 of the Bill of breaching a domestic violence order. Deputies will be familiar with section 30 of the Criminal Justice (Victims of...

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

Charles Flanagan: I move amendment No. 18:In page 34, between lines 15 and 16, to insert the following:“(9) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence. (10) Where a person has been convicted of an offence in a...

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

Charles Flanagan: I move amendment No. 19:In page 35, line 13, to delete “and committed”.

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