Seanad debates

Tuesday, 17 December 2002

Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages.

 

Sheila Terry (Fine Gael)

I move amendment No. 1:

In page 3, line 11, to delete "having regard to the circumstances of the particular case," and substitute "in exceptional circumstances".

I ask that the amendment be adopted. I agree with the Minister of State that every case is urgent, but the provision of the clause "in exceptional circumstances" is extremely important to groups representing people who find themselves in these situations. Those groups have asked me to impress strongly on the Minister of State the importance of having this phrase reinstated in the Bill. The Supreme Court decision did not require these words to be removed, which is important. It is mentioned in the court's decision that the criteria are not available to it. I suggest we put that clause, as provided for in the Act, in the Bill and that the criteria be drawn up. It would not take a lawyer long to draw up such criteria if the Minister of State accepts the amendment. It is important to the groups with a strong interest in the Bill that the words should be retained.

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