Seanad debates

Tuesday, 17 December 2002

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

 

This amendment seeks an undertaking in regard to damages, which is normal in any ex parte injunction. One of the reasons my colleagues and I tabled the amendment is that the absence of an undertaking was a matter of concern to the Supreme Court in the Keating v. Crowley case in October. The amendment requires an undertaking only where the court so orders; therefore it would apply only in exceptional circumstances. The consequences of an interim barring order being taken out against a person can be severe. Given that the Supreme Court has raised the issue, there may be cases where such an undertaking would be required.

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