Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Group 3 includes Dáil amendments Nos. 8 and 13. These relate to arrangements for out-of-hours sittings of the District Court in urgent cases. Senators will recall that a new section relating to out-of-hours barring orders was inserted on foot of an amendment tabled by Senators Black and Ruane on Committee Stage. That new section, which was section 10 in the Bill as passed by the Seanad, provided that An Garda may communicate with an on-call judge to apply for an out-of-hours barring order. My Department, in consultation with the Courts Service, An Garda Síochána and the Office of the Parliamentary Counsel, examined the new section to see what improvements and adjustments would be needed to ensure that the provision is legally clear and will be workable by An Garda Síochána and the Courts Service.

A new section 24 was inserted by Dáil amendment No. 13 to provide for the arrangement of out-of-hours District Court sittings. It provides that a member of the Garda Síochána not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes of an out-of hours application for an interim barring order, protection order or emergency barring order. The section goes on to provide that the Courts Service may, with the consent of a judge of the District Court, arrange such special sittings of the District Court in the relevant District Court district as may be necessary in the circumstances.

This new section will apply to applications for interim barring orders, protection orders and emergency barring orders. It would not be limited only to cases where a Garda attends an incident. It is also broad enough to include cases where a victim of domestic violence walks into a Garda station and seeks assistance. The new section would replace section 10 of the Bill as passed by the Seanad. Dáil amendment No. 8 provides for the deletion of that section.

In presenting this section, I acknowledge the contribution of Senators Ruane and Black, who brought forward the amendment in this House. I hope that what we have done accords with the import of their view. I know we changed the wording somewhat but my view is that we changed it for the better and I hope it meets the Senators' approval. I acknowledge their contribution in that regard.