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

I thank the Senators for their work and consideration on this matter. The introduction of the emergency barring order provided for in section 8 of the Bill is an innovative provision that allows an applicant with no ownership of property or a lesser share than the respondent to have the respondent barred from that person's property for up to eight working days. We have given careful and serious consideration to the maximum duration of an emergency barring order.It was considered that eight working days, which could amount to 13 lapsed days if granted on the eve of a bank holiday weekend, is appropriate or proportionate in this context. An emergency barring order may be granted ex parte, meaning that only the applicant is present for the application.

The intention of the emergency barring order is to facilitate those who are not eligible to apply for a barring order or an interim barring order to make arrangements to clear their possessions out of a property and make some interim arrangements for alternative emergency accommodation. I am of the view that given the emergency nature of the order and its consequences for the respondent, to allow it to be renewed for a total period of up to six months would be disproportionate and may give rise to constitutional difficulties, especially if such renewal was permitted on an ex partebasis. For these reasons, I am uncomfortable with these amendments and I propose not to accept them at this stage.

However, I am willing to consider the matter further, maybe before the Dáil Stage. I am not sure if we have time on Committee Stage to do it but I will consider it further in consultation with the Attorney General to ensure that the duration of an emergency barring order specified in the Bill will enable appropriate protection for applicants without unjust or disproportionate consequences for respondents.

I am looking at bringing forward amendments to this if possible and proportionate. Senators may be aware that the duration of an interim barring order granted ex parteunder the Domestic Violence Act 1996 was limited to eight working days by the Domestic Violence (Amendment) Act 2002. This arose from the Supreme Court decision in the case of D. K.v.Judge Crowley, where the Supreme Court held that constitutional justice requires the setting of a limit of relatively short duration on an interim barring order granted ex parte. There is already constitutional case law around this. Senator Kelleher is actually right in her concerns about this.

It is considered that eight working days, which on the eve of a bank holiday weekend could be as long as 13 days elapsed time, is a reasonable duration for an emergency barring order. Given that the grant of an emergency barring order will have serious implications for the respondent, it was considered prudent to provide that the duration of the emergency barring order will be consistent with an interim barring order granted ex parte. It is understood that the courts and legal practitioners appear to be at ease with this eight day provision. We just have to be careful here.