David Norris (Independent) | Oireachtas source

I also welcome the Minister's decision on the use of "shall" instead of "may" but amendment No. 31 proposes that the court should not be able to substitute an undertaking for a court order when there is violence and this is a pretty serious issue as an undertaking is a lesser form of order.

The first part of amendment No. 36 deals with a situation where there may be a tendentious activity on the part of a defendant to use the excuse that they cannot find adequate legal representation but it leaves room for the court to make a decision on this. Then there is the question of whether the respondent has used any form of violence or if there is a risk the respondent may use violence against the applicant or any dependent children. These are serious matters, as is the question of allowing the court to have cross orders established in situations where there has been violence. In each of these related sections of the amendment, it comes back to the crux of violence and the desire to stem violence against vulnerable people and their children.