Results 1,261-1,280 of 1,311 for speaker:Sheila Terry

Seanad: Order of Business. (17 Dec 2002)

Sheila Terry: I ask the Leader to urge the Minister to address the issue and to provide alternative accommodation.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage. (17 Dec 2002)

Sheila Terry: I thank the Minister of State for coming into the House to take part in this important debate. This matter has caused distress to many people and must be addressed. I agree with the Leader that we do not want to be responsible for any person being a victim over the Christmas period or not being free to seek the protection to which he or she is entitled under the Constitution.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I move amendment No. 1: In page 3, line 11, to delete "having regard to the circumstances of the particular case," and substitute "in exceptional circumstances". I ask that the amendment be adopted. I agree with the Minister of State that every case is urgent, but the provision of the clause "in exceptional circumstances" is extremely important to groups representing people who find...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I am disappointed the Minister of State will not accept my amendment.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I will not press the amendment in view of the Minister of State's response and the ongoing review he mentioned. Amendment, by leave, withdrawn.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I move amendment No. 3: In page 3, line 31, to delete "working". I wish to delete the word "working" so that the paragraph reads: "The order shall have effect for a period, not exceeding 8 days." If amendment No. 3 is accepted, amendment No. 7 will also be accepted. The Supreme Court described the Child Care Act, 1991, as a model which enabled the District Court, on the application of a...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I said that earlier.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I support Senator Tuffy's amendment. It is important that we place an obligation on the court to fix a date for a return hearing within the eight day period. If we do not, an applicant could be at risk. A judge is in a better position to set the date rather than leaving the matter to the applicant or respondent. This amendment would guarantee that matters would be dealt with quickly, which is...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I move amendment No. 5: In page 4, line 2, after "court." to insert "In any event, the court shall fix a return date for the hearing of the interim barring order application within the eight day period and that application shall be on notice to the Respondent at the earliest possible opportunity.". Amendment put and declared lost.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I move amendment No. 7: In page 4, to delete lines 5 to 8. Question, "That the words proposed to be deleted stand", put and declared carried. Amendment declared lost.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I move amendment No. 9: In page 4, between lines 9 and 10, to insert the following:

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I am concerned that the matter could go on and on, as we feared. When an applicant is granted an interim barring order, notice of the application has to be given to the respondent and a date is set for the hearing. The Minister of State has already said the judge will, of course, set the day. The applicant has to serve notice on the respondent as quickly as possible, even though those words...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: If the order lapses and there is even one day for which there is no interim barring order, the applicant is at risk from the offending party, the respondent. There should not be any interval whatsoever before another order is made. If an order lapses on a Friday, the applicant cannot go to court until the following Monday. That is a real problem. We cannot allow the applicant to be at risk,...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I wish to refer back to the matter of adjournment. Perhaps the Minister of State will clarify the position in that regard. Is he saying that an adjournment cannot take place while still keeping a barring order alive, accepting the eight day period? Where a hearing takes place within the eight days, has the judge discretion to adjourn the hearing? If a respondent turns up and claims to be...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: Will the Minister explain whether or not a judge could confirm the order, extending it for another eight days? That would satisfy me. The Minister mentioned that a judge may decide on the day of the hearing to confirm the order for another eight days.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: What the Minister has outlined is an improvement which comes closer to my amendment. It is similar to an adjournment.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: Yes, it is. I feel this is something that an individual could contest. I would not be surprised if another Supreme Court decision is handed down saying that the matter is unconstitutional. It restricts both the applicant's and the respondent's ability to protect themselves and to have the protection of the court. Amendment put and declared lost.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I move amendment No. 10: In page 4, line 11, after "ex parte." to add: "The provisions of subsection (3)(d) shall apply to interim protection orders obtained ex parte as they apply to interim barring orders obtained ex parte.". This amendment seeks to attach the same rights to protection orders obtained ex parte, as apply to interim barring orders obtained ex parte. The amendment would...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I withdraw the amendment in light of the Minister's remarks. Amendment, by leave, withdrawn. Section 1, as amended, agreed to. Section 2 agreed to. Title agreed to. Bill reported with amendment and received for final consideration. Question proposed: "That the Bill do now pass."

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Sheila Terry: I thank the Minister for having spent so much time in the House. It has been a long afternoon for him and his staff. I also wish to thank all Senators who contributed to the debate, which was very interesting.