David Norris (Independent) | Oireachtas source

Again, we must consider in this situation the rights and welfare of the child because the child has no property interests and needs to be protected. A provision should be made in the Bill to amend the Non-Fatal Offences Against the Person Act so as to include aggravating circumstances. Such aggravating circumstances could include the presence of a child when the act of violence was committed - which makes it much worse - the fact that the offence was committed repeatedly, the fact that the offence resulted in physical or psychological damage and the fact that the violence was part of a pattern of repeat offending.

Domestic violence clearly does not only occur during office hours or at convenient times. In that context, we need to have a system where, in an emergency situation, an applicant can apply for an out-of-hours barring order and there should be a panel of on-call judges available for this. On attending a domestic violence incident, a garda of an appropriate rank should be able to authorise the calling of an on-call judge. This is logical. Why should the system only operate on a 9 a.m. to 5 p.m. basis? In every situation, the welfare and interests of the child should be taken into account.

Indirect means of harassment, such as the use of e-mails and other forms of electronic communication, are also worthy of consideration. It is important to note that children are at the heart of all of this because we know that children who experience domestic violence are more likely to become perpetrators themselves. I have heard a number of children speak about this but I will not put their views on the record of this House. The systematic inclusion of the impact of domestic abuse on children should form part of every assessment. I have already referred to the availability of an out-of-hours panel of judges. I have also raised the issue of the extension of protection to couples who are not co-habiting.

I welcome the fact that the Minister, who was a distinguished Member of this House previously, has chosen to introduce this legislation in Seanad Éireann.