Alice-Mary Higgins (Independent) | Oireachtas source

For the purposes of clarification, I have never spoken and I do not think people here are speaking about limiting discretion. It is important to be very clear. We are saying that wide discretion alone does not necessarily always capture some of these issues. When we speak about there being discretion, we can assume that all issues will be captured. The Minister of State referred to focused guidance in terms of the Law Society, which has spoken about legislative guidance.

There are cases where there needs to be indications of things which may be considered along with whatever other issues a judge may consider to be appropriate. That is very clear in each of these proposals. I am worried because there is constant reference to a list. I worry that those reading the Official Report would believe a long list is involved. This is not some type of abstract brainstorming session.

Each of the items put forward in these proposals and the issues for consideration are wide. They reflect the expertise of those who have been in the courts and worked with people who have experienced violence and who are trying to access essential orders in respect of their safety and welfare. This is a representation of the knowledge and concrete experience we have. It is not a case of having an active imagination. Rather, the proposals are all based on evidence and the real experience and practices in our courts. They are useful and involve legislative guidance. They do not compromise discretion. Rather, they provide information and ensure that the right questions are being considered in decisions in respect of orders.

They also allow us to identify patterns so that we learn more about this complex issue. I welcome amendment No. 35 which allows for judges to indicate why they have made their decisions. If they are indicating why they have made decisions and what they have found or considered in respect of the kind of issues identified in the list, that combination is powerful for us because it allows us to see that in X number of cases judges found an extreme vulnerability was being exploited and in Y number of cases judges mentioned their concerns about repeated patterns of behaviour. We will learn more about this issue, which will help us to tackle it as a society.

I urge the Minister of State to come with a proposal in respect of this area which will be complementary to amendment No. 35 and allow the expertise and real-life needs that we have heard about from those working in this area to be reflected in every process, wherever it may take place in this country.