Ivana Bacik (Independent) | Oireachtas source

I thank the Minister of State for his constructive comments and for indicating that he has an open mind on this. This is very much a constructive engagement. All of us here, on Second Stage and since, have expressed a warm welcome for this much-needed and progressive legislation. It brings to mind the debates we had in this House on the Gender Recognition Bill 2014, which was also a much-needed and much-welcomed Bill but which was greatly improved through the constructive engagement of non-governmental organisations, NGOs, stakeholders and Members of the Oireachtas with the Minister and officials. There are many other examples but that is a recent one. I believe that is what we are seeking to do here, to ensure the Bill brings in best practice.

There have been very clear indications from those on what we might call the front line - practitioners, NGOs and survivors - that what is needed is some sort of focusing, as the Minister of State has put it, of the discretion of judges. The phrase I used was structuring the discretion of judges. I agree with the Minister of State that the word "limiting" is not accurate. That is not what we seek to do here. Looking at the list of criteria set out in any of these amendments, they are not limiting because they include reference to any other matter which appears to the court to be relevant. They are therefore clearly not seeking to limit the discretion of judges in deciding whether to grant an order. Rather they seek to structure that discretion or focus the decision-making process in order that, as one practitioner put it to the Law Society in 1999, it would be easier for practitioners to advise clients on the issues to be considered by the court when deciding whether to grant a particular relief. In a practical sense, it could lead to a much more efficient and effective use of the court process.

Through SAFE Ireland and talking to survivors directly, we hear agonising, traumatic experiences from women, and it is mostly women, although I take Senator Norris's point.