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Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 17:In page 10, line 36, to delete "a code" and substitute "codes".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 18:In page 10, line 36, to delete "a person" and substitute "persons".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 19:In page 10, line 37, to delete "purports" and substitute "purport".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 26:In page 11, between lines 4 and 5, to insert the following:"(c) procedures to be followed by mediators in the conduct of a mediation requiring consultation, by a mediator, with a child;".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I acknowledge what the Deputy has said in this regard. The section imposes a general confidentiality obligation on the mediator and parties to a mediation. Following a review of the section, it has become clear that it does not go far enough in ensuring the confidentiality of the mediation process. For this reason, amendment No. 29 proposes deletion of the words "by the mediator with the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: It covers all parties.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: Section 10(1) covers all records and notes relating to the mediation and there should be no disclosure in any proceedings either before the court or otherwise. We cannot improve on that. The subsection speaks for itself and it covers everything.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: Of course, yes. I have tabled two further amendments to the section. The first corrects a drafting error in section 10(3) by substituting the word "admissible" for "inadmissible". This makes it clear that evidence introduced in mediation that is otherwise admissible or subject to discovery in proceedings shall not become inadmissible solely because it was introduced or used in mediation....

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 29:In page 12, lines 8 and 9, to delete “by the mediator with the parties” and substitute “(including oral statements)”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 30:In page 12, line 24, to delete “otherwise inadmissible” and substitute “otherwise admissible”. Amendment agreed to.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 31:In page 12, line 25, to delete “civil”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 32:In page 15, between lines 19 and 20, to insert the following: “(4) This section shall not apply to any proceedings, including any application, under— (a) section 6A, 11 or 11B of the Guardianship of Infants Act 1964, (b) section 2 of the Judicial Separation and Family Law Act 1989, or (c) section 5 of the Family Law (Divorce) Act 1996.” As...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I would be happy to have a look at that. I take the point that it could well be appropriate.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: This group of amendments relates to the mediator’s report to the court under section 17. It provides that where the parties decide to engage in mediation following an invitation by the court, and they subsequently apply to the court to re-enter the proceedings, the mediator will prepare and submit a report to the court outlining the outcome of the mediation. I take the point with...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I acknowledge what Deputies have said. We will work towards reaching accommodation, having regard to today's discussion.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 36:In page 16, to delete lines 36 and 37, and in page 17, to delete lines 1 to 3 and substitute the following:“(ii) if a mediation settlement has been reached on all, or some only of the, matters concerning that dispute, a statement of the terms of the mediation settlement, and”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 38:In page 18, to delete lines 6 and 7.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 39:In page 20, after line 5, to insert the following: “PART 6 AMENDMENT OF OTHER ACTSAmendment of Guardianship of Infants Act 1964 24.The Guardianship of Infants Act 1964 is amended—(a) in section 20—(i) in subsection (2)(b), by the substitution of “give to the applicant the names and addresses of persons who provide a mediation service and...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 40:In page 20, after line 5, to insert the following: “Amendment of Judicial Separation and Family Law Act 1989 25.The Judicial Separation and Family Law Act 1989 is amended: (a)in section 5— (i)in subsection (1)(b), by the substitution of “, give to the applicant the names and addresses of persons who provide a mediation service and inform the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 41:In page 20, after line 5, to insert the following: “Amendment of Family Law (Divorce) Act 1996 26.The Family Law (Divorce) Act 1996 is amended— (a)in section 6— (i)in subsection (2)(b), by the substitution of “, give to the applicant the names and addresses of persons who provide a mediation service for spouses who have become estranged...

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