Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Henry raised the matter of costs. In the District Court an order for costs could be made against an unmeritorious applicant but the amount of measured costs would be low. In the Circuit Court, they would be more substantial. That penalty already exists for an unsuccessful applicant and it is something any applicant has to consider before entering legal proceedings.

What we are discussing here is a more radical requirement where an applicant for interim relief actually gives the court an indemnity against any loss the other party suffers in the event of the applicant being unsuccessful. That is a far reaching step to take and is a fundamental change to this jurisdiction, which is statutory in origin.

Senator Brian Hayes made the point that a question of means might arise and that the applicant might be wealthy. In such circumstances the Oireachtas would have to legislate because, in the amendment, it is not proposed to discriminate against the person of means. The question of violence must also be considered. Irrespective of the person's means, what we are talking about is balancing the desideratum of stamping out domestic violence and the operation of penalty points in the case of a wealthy applicant who would have to pay money up front to deter an alleged case of violence. While I can see the interesting argument that can be made for this proposal, I am not convinced of its merits.

Amendment put and declared lost.