Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Second Stage.
On 9 October last, the Supreme Court, in a case which arose out of the granting of an ex parte interim barring order which was in effect for almost three months, held that the provisions of section 4 as they relate to ex parte interim barring orders, in failing to prescribe a fixed period of relatively short duration during which such an order would continue in force, deprived the respondents to such applications of the protection of the principle of audi alteram partem, which means that the other side should be heard. The Supreme Court ruled that the invasion of the principle of natural justice was, in a manner and to an extent which was disproportionate, unreasonable and unnecessary.
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