Seanad debates

Thursday, 11 March 2004

Civil Liability and Courts Bill 2004: Second Stage.

 

1:00 pm

Photo of Geraldine FeeneyGeraldine Feeney (Fianna Fail)

I welcome the Bill and the Minister. He will have a swelled head with all the compliments on the wonderful pieces of legislation he is introducing.

I hope I do not sound rude when I say this Bill seems to be long overdue. However, now that he has introduced it, it is much to be welcomed. For too long the State and its people have been held to ransom by those referred to by the Minister, who bring bogus claims and hike up premiums, whether motor or house insurance, business liability or whatever. He rightly points to persons misleading the courts by making bogus claims and walking away with large awards. Thank God something is coming in now that will do away with that.

The Minister must be bored stiff, though he does not appear so, with the repetition since Members all seem to have the same things to ask him about. I would like to talk about the in camera rule. I welcome, however limited in degree, the way he is lifting this ruling. We have all been contacted by Women's Aid. It welcomes this, as other speakers have said.

I know heretofore that a recommendation was put forward and a barrister attended the Courts Service of Ireland with a specific mandate to take notes. However, the legislation did not provide that she could remain there and that no longer pertains. I appreciate that Senator Henry has already raised that with the Minister. I hope this legislation will provide for transcripts to be available. As regards the data gathered every year by the Courts Service, perhaps there could be more by way of a breakdown rather than just outcome numbers. A gender breakdown of applicants and respondents would be useful. Perhaps people could be told why their applications were not successful. A person making another application for an order in a month or six months time, say, should have the right to know where he or she had gone wrong, previously, whether he or she not provide the right information or too much or whatever. It would help if people could have some insight into that.

I know there are no guidelines as regards the Domestic Violence Act 1996. It has always amazed me that one judge may have a reputation for issuing orders without too much difficulty, while others are "tighter". Perhaps the Minister could look at this, if not in this Bill then in subsequent legislation.

Another concern is the special support agencies. They have made recommendations for victims, normally women, who seek orders to bring persons into the court with them. We are all familiar with the "McKenzie friend", as allowed for victims of rape. The Minister could examine this. I know women who are involved in this type of work. They say it is difficult for a woman who feels vulnerable and threatened to go into an unfamiliar system on her own, without anyone to help her.

As a member of the Medical Council of Ireland, I can say that people normally make complaints to the council because they just feel aggrieved. They want someone to sit down with them, say they are sorry, that things went wrong, which should not have happened, that no real harm was done, but to come and talk about the matter so it can be cleared up. Perhaps the Minister might examine that. I know he is open to suggestions. Further to Senator Norris's last point about how journalists behave, I believe that somebody should haul them in. We saw the terrible case of the killing outside Club Anabel. A young female who acted as an independent witness was torn apart by the broadsheets and the tabloids. That innocent girl was made into a victim herself. It is appalling that people can be treated like that. It does the justice system no good. People will go under cover if they feel that they will be exposed and ridiculed in a similar manner.

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