Seanad debates

Tuesday, 28 November 2017

Domestic Violence Bill 2017: Committee Stage (Resumed)

 

2:30 pm

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

Let us look at what we are doing here. We are actually saying that an owner of a property can be barred for up to eight working days or maybe 13 working days by using this innovative emergency barring order. This is very new. It is innovative. The advice I have is that eight working days is something one could work with. If we go beyond that we are talking about property rights. A constitutional challenge is not just a theoretical consideration. If successful, a constitutional challenge could negate the anticipated benefits of the innovative provision of an emergency barring order. We could lose the whole lot if we go too far.

What I would like to do here is to provide for the eight days. Let us see how it works in practice. It is very innovative and new. Senator Norris's argument about it being renewed in fact is the same, it is an extension. It is another way of saying up to six months in total. Let us tread carefully. This would give people an opportunity to move their possessions out of a property. In other challenges we have seen property rights reign supreme. We have got to be very careful. Let us put in the eight days which could be 13 days. That would allow somebody them to move their possessions out and get some breathing space. I would be very slow to accept this amendment. I am prepared to-----

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