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

The Senators are testing us by putting forward challenging amendments. I thank them for proposing these amendments, which are designed to ensure that essential text messages, emails or other electronic communications about child access or the sharing of child care decisions, which can be helpful in difficult relationships, are not prohibited where a court otherwise orders that there is to be no electronic contact with the applicant on the part of the respondent.

I am pleased to say that section 5 of the Bill already covers the eventuality anticipated by the Senators and a whole range of situations which none of us may have anticipated. Section 5(3) provides that “a safety order may be subject to such exceptions and conditions as the court may specify”. In each of the sections dealing with the five types of order in this Bill, a similar saver already exists. Therefore, the Senators’ amendments regarding urgent electronic communications are not necessary.

I would also be concerned that the amendments could introduce doubt into the application of the broader provisions allowing the courts to specify exceptions and conditions. It is my position that there is no need for these well-intentioned amendments.