Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed).
The Supreme Court was very critical of us for using the phrase "exceptional circumstances" in the initial legislation and I understand why Senators refer to the issue. It should be exceptional to remove anyone from a family home, but when the courts have to deal with this, they cannot make a judgment about how common this exceptional circumstance is as a social phenomenon. They have to view it in the light of immediate circumstances. The urgency, rather than the exceptional character of the circumstances, is what impresses itself upon a court.
No comments