David Norris (Independent) | Oireachtas source

I move amendment No. 4:

In page 8, between lines 2 and 3, to insert the following:

“Factors to be considered under sections 6 to 10

5. (1) On any application for an order under sections 6, 7, 8, 9 or 10, the court shall have regard to the following when deciding whether there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person requires that such an order be made:(a) any history of violence by the respondent against the applicant or any dependent;

(b) whether any violence by the respondent against the applicant or any dependent is repetitive or escalating;

(c) whether any psychological violence by the respondent of the applicant constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at the applicant by the respondent;

(d) the current status of the relationship between the applicant and the respondent, including any recent separation or intention to separate;

(e) any circumstance of the respondent that may increase the risk of violence by the respondent against the applicant or any dependent, including substance abuse, threats of suicide, employment or financial problems, mental health problems associated with a risk of violence, access to weapons, or a history of serious violence including lethal violence, against the applicant and/or others, including violence against family pets or other domestic animals;

(f) the applicant’s perception of risks to his or her own safety and security;

(g) any circumstance that may increase the applicant’s vulnerability or any dependent’s vulnerability to violence from the respondent, including pregnancy, age, family circumstances, health or economic dependence;

(h) the accommodation needs of the applicant and any dependent(s);

(i) any evidence of deterioration in the physical, psychological or emotional welfare of the applicant or any dependent which in the opinion of the court, was caused directly by the behaviour of the respondent;

(j) whether it is appropriate in the circumstances to make any order under section 14,

and

(k) any other matter which appears to the court to be relevant to the safety and welfare of the applicant and any dependents.(2) With regard to the violence referred to at subsection (1)—(a) a single act by the respondent against the applicant or any dependent, may amount to violence for the purposes of subsection (1),

(b) a number of acts by the respondent against the applicant or any dependent, that form part of a pattern of behaviour may amount to psychological violence for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.(3) In this section—(a) “violence” includes physical, sexual, psychological or economic violence;

(b) “psychological violence” includes intimidation, harassment, coercion of the applicant or any dependent, or threats, including threats to other persons, pets or property made by the respondent to the applicant or any dependent, unreasonable restrictions on, or prevention of, the applicant’s financial or personal autonomy, stalking or following by the respondent of the applicant or any dependent, intentional damage to property, and in the case of a child dependent, direct or indirect exposure to violence by the respondent against the applicant;

(c) whatever order is made or not made on the application for an order under sections 6, 7, 8, 9, or 10, the reasons for making it or not making it and for making it subject to conditions, if any, should all be recorded by the court and a copy of these reasons should be made available to each party with the minimum of delay.(4) On application to it for an order under section 8 or 9, the court shall also have regard to the following factors when deciding whether there are reasonable grounds for believing that the safety or welfare of the applicant or a dependent person requires that such an order be made:(a) any immediate risk of significant harm being caused directly or indirectly by any kind of violence by the respondent against the applicant or any dependent if the order is not made immediately;

(b) whether any previous orders under the Domestic Violence Acts have been made against the respondent with regard to the applicant, and/or others, as far as known;

(c) any criminal proceedings for violence against the respondent, in respect of the applicant and/or others, pending or concluded, as far as known;

(d) any violence by the respondent against the applicant and/or any dependent children, which is recent, repeated, and/or severe, including attempts at lethal violence against either the applicant or any dependent.”.

The Minister of State has been extremely helpful and co-operative in this matter. I am very pleased. I do not think this is just a tactical decision by him. I think he is convinced by the arguments he has heard in Seanad Éireann this evening. This as much as anything else shows the relevance of the Seanad to the legislative process. It is a good day for Seanad Éireann. It is a very important amendment. We have three very similar amendments. The Minister of State has committed himself to accept the amendment and then to tinker with it and refine it is an excellent idea and I compliment him on that.