Seanad debates

Tuesday, 28 November 2017

Domestic Violence Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

My amendment No. 20 addresses an emergency situation. Offences are repeatedly committed while defendants are out on bail, not only in these cases but in many criminal cases. This is a growing problem in addressing the world of the criminal. My amendment states "an application may be made by telephone or other secure electronic means", and it is important to say secure electronic means. It also makes it "subject to the applicant’s undertaking to swear an affidavit or information" - I put this phrase in which is not in Senator Kelleher's amendment - "before the next available ordinary sitting of the court". It shall not necessarily hold things up to any great degree. Amendment No. 26 also deals with an emergency situation where, for example, there is an incident of domestic violence and a garda is called. The amendment states:

On request from a Garda attending a domestic violence incident, a Garda of appropriate rank, can authorise the calling of an on-call judge to apply for an out of hours barring order. The return date shall be the next sitting day in the nearest available court.

That is intended to ensure there is no delay. I respectfully disagree with my two colleagues. I think my amendment is at least as equally tight and emphatic but there is the fact that I put it down.

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