Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed).
The Minister of State is aware that some serious issues were raised in the ruling to which I refer. When the legislation was being discussed in these Houses in 1996, the former Minister, Mr. Taylor, said that the provision that one's home could be forfeited on the basis of an application that comes before the courts was a draconian power. Quite rightly in my view, the Supreme Court made two rulings in relation to interim barring orders. The court said, first, that a time limit should be imposed on the barring orders in question and, second, that respondents have a right to know all the evidence proffered against them. The Minister of State knows that it is a fundamental principle of justice and an aspect of any summons that goes before a court that a person has the right to defend himself against any charges to be proffered against him and has a right to know the evidence as set out in the courts. Having read it, the Supreme Court judgment seems to be a logical application of the jurisprudence that exists in this country. It was a considerable oversight on the part of the Oireachtas in 1996 that it did not foresee this problem.
No comments