Jim Walsh (Fianna Fail)

While I accept some of the arguments, the points made by the Minister of State are valid. It will probably be difficult and time consuming to draft criteria. It is desirable that such criteria should be drafted and enacted as soon as possible because there are time constraints. Many Senators said that this Bill must be placed on the Statute Book as soon as possible, particularly given the time of the year and the fact that alcohol is a factor in such cases. We must have regard for the serious decision taken by the court, namely, that someone will be barred from their home and will not be allowed to contact their children. Section 1(3)(a) states, "An interim barring order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice." A lawyer may have a different interpretation of "expedient" from my interpretation of it. The phrase, "or expedient", suggests a lower level of qualifying criteria on which a decision may be based. I have some concerns about that. Perhaps the Minister of State might consider that between now and Report Stage. The phrase, "necessary or expedient", seems to dilute the necessity for a barring order. Perhaps my more legally qualified colleague, the Minister of State, will respond to that.