Seanad debates

Tuesday, 17 December 2002

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

 

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I thank Senators for their contributions and the constructive way in which they have approached this measure. It is an important measure that has been necessitated by the decision of the Supreme Court. This debate has been wide-ranging, covering not only the legislation but exploring the implications of violence in family relationships and the resultant problems posed for our health services.

I commend the work of the Garda in this area. Senator Ormonde mentioned that the legislation must be seen to be implemented. Much of its implementation falls squarely on the shoulders of gardaĆ­ who are called to deal with difficult and sensitive circumstances in many households and to administer and interpret this legislation in as fair a way as possible to the parties before it comes to judicial determination.

Senators mentioned the technical aspects of the legislation and the legal formulations used. I would prefer to address those issues in committee. Senator Terry referred to the financial implications of the measure and the strains on the legal aid service and the courts system. The explanatory memorandum makes it clear that the implementation of the Bill will give rise to additional court hearings to decide whether or not to confirm interim barring orders made ex parte, but it does not have any necessary financial implications. Even under the arrangement condemned by the Supreme Court, the matter had to return to court at some stage so there is no increase in the volume of work of the courts, although this legislation means they will have to work at a faster pace. That is no bad thing.

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