Brian Lenihan Jnr (Dublin West, Fianna Fail)

I understand the spirit in which the amendment is being moved, but I am not certain it adds to the legislation. The legislation will provide that the order lapses after eight working days. That is a fundamental bar on the jurisdiction of the court. If the respondent appears within the eight days to contest the order, he can do it there and then. If he wishes further time to meet the case, then the applicant will have to apply for a fresh order. The applicant will have to apply afresh because the Oireachtas is providing in the legislation for the termination of the order after eight days. That is an absolute bar.

The court is deprived of jurisdiction after eight days. It cannot look at the order and say that it was made for eight days but, because the respondent wants and adjournment, it will extend it for a further month. The court has no power to do that because the order lapses after eight working days. In such cases, a fresh application must be made by the applicant. The applicant will have to come into court and seek another eight days. At that stage, the respondent is present in court to meet the claimant.

I am not trying to create difficulties for the Senator. I realise this is a very technical measure and I really appreciate the amendments which have been put down as they have allowed an elucidation of a very complex piece of legislation, short though it may appear.