Seanad debates

Thursday, 8 July 2004

Civil Liability and Courts Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages.

 

11:00 am

Kathleen O'Meara (Labour)

I thank the Minister of State for setting out the amendments. Clearly, the Minister listened during the extensive Seanad debate regarding the relaxation of the in camera rule. It is a difficult area. In general, I welcome the amendments and note the Minister intends to bring forward regulations by order which it will be very important to consider. While the Minister is meeting the concerns of bodies such as schools, the Passport Office and the Revenue Commissioners, a measure of regulation is required.

I welcome in particular the amendment which allows an accompanying person to attend court in accordance with a specific request by organisations working with women and others who are victims of domestic violence. The provision meets their concerns. Given that consideration of the Bill by the Dáil did not conclude until 10.30 p.m. last night, can the Minister of State clarify if the legislation as amended also meets the other concerns of Women's Aid? The organisation wishes the Bill to ensure the consistent application of the rule of law by family law courts in cases of domestic violence and the facilitation of reporting and compilation of information on family law cases. A major issue has been that a corpus of law has not been recorded and that we do not know what is happening in one family law area versus another. When people go to court they do not know what various judges have said. This also affects practitioners who do not have the information they need. Such information in required, first, to ensure that the law that has been consistently applied and, second, to ensure that third parties, people like ourselves, know that the law has been consistently applied.

As this is the last opportunity I will have, I ask the Minister of State to clarify, if possible, how far this legislation, which is critical for organisations such as Women's Aid, has progressed. The issue of the accompanying person has been dealt with satisfactorily in the legislation. Will the Minister of State clarify the position regarding the consistent application of the law on the ground? Is it possible for the appropriate people to have sight of the details of results to ensure this happens? Are there clear criteria regarding the details recorded of family law cases, and is that available to the appropriate people?

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