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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.

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

Sheila Terry: The Leader got to her feet before I could come in a second time. I merely wanted to thank her for pressing this issue with the Minister. Without her intervention this legislation might not have come before us this side of Christmas. Question put and agreed to.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: I want to make a point on the issue of the carrier and vehicles. The definition of "carrier" would include carriers of goods who transport persons lacking the required documentation into the State. If it is shown that such a carrier deliberately transports people and vehicles, or compartments of vehicles designed for goods, they should be dealt with under the legislation covering the illegal...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: Does the Illegal Trafficking Act not cover people brought in illegally on commercial goods vehicles and, if so, should we not just deal here with carriers of passengers? Obviously these would be buses, cars and people carriers.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: As I mentioned earlier, I want the word "carrier" changed to "carriers" on Report Stage.

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: I want to clarify the effect of this section. Is the State giving up its responsibilities in determining who should or should not apply for —

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: I am seeking clarification on the section. Is the State reneging on its obligation to assess applications for asylum and putting the onus back on the carrier? It seems the carrier will decide at the port who should or should not travel to our country. That will deny someone the right to seek asylum here. It is the State's obligation, but we are giving that authority to the carrier. Perhaps...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: I support this amendment. The carrier is the person who will decide whether somebody is fit to land in the country. This takes away the responsibility from the country to decide on and assess an application. The effect of this section will be to drive forward the illegal passage of persons into the country and put lives in danger, as happened in County Wexford some time ago. Putting the onus...

Seanad: Immigration Bill, 2002: Committee Stage. (18 Dec 2002)

Sheila Terry: This Bill is definitely seeking to reduce the number of people seeking asylum here. While I respect what the Minister is trying to do, I am extremely concerned about the genuine people who wish to seek asylum and who will be denied that opportunity because of the Bill. I accept what the Minister said, namely, that he will introduce some measures to address the cases of people in exceptional...

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