Derek McDowell (Labour)

Regarding the written application, if an individual were illiterate, the District Court clerk would help him or her to draft the application. The purpose of it is to ensure that the person at the receiving end of the order — the person who will want to object to the variation — will know why he or she is being brought to court. We cannot have a situation where gardaí standing in court find out on the hoof why they are there. We do not want a situation where they are told an application has been made, the nature of which is unsure, but they are asked if they could attend and object to it if they believe it is wrong. It must be in writing to give notice to the other side of what is being proposed. District Court clerks are good at assisting people who cannot manage forms. Judges are always careful to ensure that an individual with a literacy disadvantage is assisted in getting a summons or an application filled out for him or her by court staff.

It is a constitutional right to be represented by a lawyer in court. The section would not be interpreted in a manner so as to prevent a solicitor or barrister appearing in court for cases such as this.