Seanad debates

Tuesday, 18 July 2017

Mediation Bill 2017: Second Stage

 

12:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senators Ardagh, Ó Donnghaile, Ruane, Conway, Burke, Bacik, Craughwell, Boyhan and Mullen for their contributions. I acknowledge the broad welcome of Seanadóirí of all parties and none for this Bill. I hope we can advance it. Notwithstanding the beckoning summer vacation, I hope we might be in a position to conclude the debate before the end of the week.I hope that before the end of the week we might be in a position to conclude the debate. A number of issues have been raised which were also well aired in the Dáil and to which we will return between now and the completion of the debate.

A submission on the Bill made by Women's Aid was circulated to all Members, on foot of which, four recommendations were suggested for inclusion in the Bill. There are a number of reasons amendments were not accepted. They were not accepted on the basis that the Bill already provided that it should not apply to proceedings taken under the domestic violence code, for reasons I outlined. Similarly, it is important that throughout the debate we acknowledge that the process covered by the Bill is voluntary. That is made clear in the definition in section 2 in which it is outlined that the mediator's role will be "to assist the parties" to bring about a resolution of the dispute. That will be a matter entirely for the parties. There will be no enforced settlement or duress on the part of anybody involved; it will remain solely a voluntary process for the parties.

The issue became clear in the course of the contributions of Seanadóirí. I compliment Senator Martin Conway, in particular, on his comments. He pointed out that mediation offered a less adversarial arena within which matters in dispute could be addressed. Mediation can be speedier and offer an alternative to court proceedings and, of course, there is the issue of costs, notwithstanding the point made by an Seanadóir Rónán Mullen. I hope the Whips will acknowledge the fact that Senator Catherine Ardagh and her party, Senator Niall Ó Donnghaile and his party, Senator Ivana Bacik and her party and Senator Martin Conway, as spokesman for my party, have all acknowledged the importance of proceeding with this legislation with a view to having it enacted at the earliest opportunity. I hope we can do so.

I acknowledge the points raised by Seanadóirí Niall Ó Donnghaile, Lynn Ruane and Ivana Bacik about issues they felt should have been included in the legislation. I hope that in the next couple of days we might have an opportunity to deal with them in more detail as we proceed towards enactment of the legislation. I hope that might be done in the next few days, but, of course, I am in the hands of this assembly.

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