Charles Flanagan (Laois, Fine Gael) | Oireachtas source

These amendments relate to the use of the term "intimate and committed relationship". They are Dáil amendments Nos. 2, 3, 4, 5, 18 and 19. Senators will recall that during the debate on the Bill in this House, concerns were raised about the use of the term "intimate and committed relationship" in the provisions that specify who may apply for orders under the Bill. The background to the matter is that section 60 of the Civil Law (Miscellaneous Provisions) Act 2011 introduced access to domestic violence orders for persons living together in intimate and committed relationships. These replaced the provisions in the Domestic Violence Act 1996 that applied to persons living together as husband and wife. The intention was that same sex couples who are not civil partners would have the same access to the protections of the 1996 Act as opposite sex unmarried couples. The wording was taken from the definition of cohabitant in section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The term "intimate and committed relationship" was framed in order to provide a threshold to which the court must have regard in deciding whether to make an order. This matter was considered again, in consultation with the Attorney General, in the context of the Bill before the House. It would not be in the interests of victims of domestic violence if perpetrators could try to avoid having orders made against them by arguing that the relationship was not committed because, for example, of their sexual activity with a third party or because the victim of violence had previously sought to end the relationship. This is particularly relevant to safety orders in view of the fact that section 6(1)(a) will remove the cohabitation requirement for couples who are not married or who are not in civil partnerships.

Dáil amendments Nos. 3,4,5, 18 and 19 provide that the term "intimate and committed relationship", where it appears in the Bill, will be amended and the words "and committed" deleted. Dáil amendment No. 2 inserted a new subsection (3) into section 2 to ensure protection for victims of domestic violence who are or were in an intimate relationship which is no longer sexual in nature. Subsection (3) makes it clear that a relationship does not cease to be an intimate relationship for the purposes of this Bill by reason only that it is no longer sexual in nature. The text of the new provision is drawn from section 172(3) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.