Seanad debates

Tuesday, 28 November 2017

Domestic Violence Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I neglected to refer to my other amendment, No. 24, which provides for an extension or renewal of an emergency barring order in circumstances where the court deems it to be necessary to protect the safety and welfare of the applicant and the child or children. I am not sure whether this would fail a constitutional test because it is a renewal. It is not extending the initial order. It is just renewing the order. I suppose it is a moot point but it probably would have to be examined and dealt with in court. It does seem to me that this is a good idea because it indicates a situation where there is a transition from the first situation which is an emergency situation. The court can then consider whether it is wise to extend or renew this situation.

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