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

I cannot agree with this amendment at all for very serious reasons. I agree with the Senators that a breach of a domestic violence order is reprehensible. While I appreciate the purpose of the amendment, I am concerned that unintended consequences detrimental to victims could follow from this amendment. Orders granted under this Bill are civil orders and the threshold of proof in cases is on the balance of probabilities. This is not as onerous as the threshold for criminal cases, which is beyond reasonable doubt. In addition, orders are granted in most cases in the summary jurisdiction of the District Court.There is a very real concern that if the possible consequences for the respondent are up to five years in prison, an appropriate fine or both, this could have a chilling effect in respect of the granting of orders. Respondents would be expected to contest the cases more vigorously, and in the interests of the justice courts may be less inclined to grant orders. This would be to the disadvantage of victims.

I should mention that the same concerns were highlighted by the Law Reform Commission in its 2013 report on aspects of domestic violence which examined the issue of the appropriate penalty for the offence of contravening an order under the Domestic Violence Act 1996. Therefore, I do not propose to accept this amendment. I request that Senators take what I am saying very seriously and not push the amendment.