Seanad debates

Tuesday, 17 December 2002

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

 

I listened with interest to Senator Terry's comments, with which I have some sympathy. I am aware of correspondence and representations with regard to the insertion of "in exceptional circumstances" which, it appears, applied in the 1996 legislation but has been dropped from the Bill. Perhaps that was because of a Supreme Court finding that there was not a definition of that term or the cases to which it might apply. If we cannot provide for it now, we should set down criteria at the earliest opportunity. To debar a person from the family home is obviously a major step. A court decision of that nature may contribute to irretrievable breakdown of the relationship. Accordingly, it behoves us to try to ensure this will only happen in case of a really genuine threat. Clearly, partners and children cannot be exposed to real threat of injury or to their lives. Regrettably, there have been some traumatic situations of that nature in recent years.

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