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

The purpose of the Government amendment is to extend eligibility to apply for safety and protection orders to persons who are in intimate and committed relationships but who are not cohabiting. This improvement in protection for victims of domestic violence has been sought by organisations working with victims. The former Tánaiste indicated when the Bill was published and on Second Stage that this amendment would be brought forward on Committee Stage.

As regards amendment No. 8 put forward by Senator Higgins, the Civil Law (Miscellaneous Provisions) Act 2011 introduced access to domestic violence orders to those living together in "intimate and committed relationships", replacing the provision from the original 1996 Act, which referred to those living together as husband and wife. The intention was to cover unmarried persons of the opposite sex and of the same sex, who were living together but had not registered a civil partnership. The wording was taken from the definition of "cohabitant" in section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Concerns raised by voluntary sector groups about the suitability of the wording were given careful consideration and it was decided to proceed with the amendment unchanged. While I would be cautious about changing the wording at this point, I am willing to look at the wording again, if Senators wish, in advance of Report Stage or if time does not allow for that then when the Bill goes to the Dáil. Perpetrators of domestic violence should not be able to avoid having orders made against them where necessary for the safety or welfare of the applicant by arguing that the existence of a relationship with another person means that the relationship with the applicant was not a committed one and that an order should not be made for that reason. The Department will examine whether a suitable alternative wording can be formulated to address the issue by way of a Report Stage amendment or when the Bill goes to the Dáil if time does not permit it to be addressed in the Seanad.

I note that the Senator proposes to replace the word "committed" with the word "personal". The advantages of the proposed change are not clear. The intended meaning of the word "personal" is not clear. While it is possible for two people to have an intimate relationship of very short duration that is not committed, is it possible to have an intimate relationship which is not personal?

I note that while the Senator is proposing to replace "committed" with "personal" in section 5 for the safety order and in section 8 for the emergency barring order, no amendment has been proposed to the same wording in section 6 for the barring order. For those reasons, I do not propose to accept the Senator's amendments, but I will look at the matter again before Report Stage. I understand Report Stage might be very soon so the Bill might be in the Dáil before we get time to do that.