Brian Hayes (Fine Gael)

I second the amendment in the name of Senator Terry. From my understanding of the Supreme Court proceedings, the State, in the action it took in defending the 1996 legislation, referred to the exceptional cases provision as set out in that legislation. The Supreme Court ruling stated that:

There is no indication of the criteria by which the District Court in the case of an ex parte application for an interim barring order is to decide whether it is an exceptional case in which it is necessary or expedient in the interests of justice to grant the application.

The court has clearly stated that there are not, as Senator Terry pointed out, criteria established whereby these cases can be determined.

Other Supreme Court rulings map out what the court believes the Legislature should follow. I would have thought with regard to this issue that the court has asked the Oireachtas to map out the circumstances by which interim ex parte barring orders can be established. That is why the amendment has been put in my name and that of Senator Terry. If we were to establish the character and criteria to be used in the District Court, it could be to the benefit of the courts in establishing the validity of these barring orders. Senator Terry and I are interested to hear the Minister's response.