Seanad debates

Tuesday, 4 July 2017

Domestic Violence Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

The point about judges receiving training and education is important, but I would like to caution about limiting discretion. There may be issues that might arise, and which might be brought before a court by an applicant, which might not be covered here, even with the catch-all provision. I ask for the indulgence to take an opportunity to study this further. We are in consultation with the Attorney General. I regret that we did not have a better amendment to bring forward, if we were going to bring forward one. I know it would have been better if we had. The best I can do is to say we are looking at it and we are examining it. We have brought forward many other amendments to the Bill to try to improve it and we have taken many issues into account. This was not one of them. At this stage, we are still working on it but I was anxious to hear what Senators had to say on these issues today. I now have that information so, with the permission of the House, I will take that away, spend some time on it and come back on Report Stage.

With respect to the progress of the Bill, the legislative process is what it is. There is a Committee Stage and a Report Stage, then it will have to go to the other House. I am not in charge of that but I do not wish to delay the process at all. That is not the intention. I am anxious to get this legislation on the Statute Book as soon as possible, as is everyone else here.

I ask that we take the time to hear what the Attorney General and the Office of the Parliamentary Counsel have to say on these issues and to come back to see whether including a list would help in some way, without limiting discretion. Perhaps "focus" is the word we are thinking of. Perhaps that is what we are looking at: focusing more than limiting. We have to leave discretion and we have to leave it as broad as we can. I take the point that leaving something very broad can perhaps lose focus. I believe that is the point that is being made. We must trust our judges as well, however, and trust that they are doing their best with what they have. I take Senator Bacik's point about Hammond Lane. That will be a big improvement in respect of the physical surroundings of the court for family law and matters such as this.

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