Seanad debates
Tuesday, 17 December 2002
Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages.
Brian Lenihan Jnr (Dublin West, Fianna Fail)
No. The phrase "as soon as practicable" was chosen because in matters of service, as in matters of domestic violence, the circumstances vary enormously. To put a rigid time limit on it would be quite inappropriate, having regard to different locations at which potential parties to court actions may reside or carry on their business or be available for service in a transient or permanent way within the jurisdiction at a particular place. It would be quite impossible to specify a fixed period of time. That would be to introduce another cumbersome element to the legislation. As a result of the Supreme Court decision, we are already introducing a cumbersome element by having a fixed period. Whenever one interferes with judicial discretion in this way, one introduces a complexity into legislation. I believe it would make the legislation almost unworkable to introduce a further complexity specifying that the papers must be served on the respondent within three days.
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