Frances Black (Independent) | Oireachtas source

I thank the Minister for being here this afternoon. I wish to start by welcoming the Domestic Violence Bill 2017 back into the Seanad. It is progressive, strong and wide-ranging legislation that sends a signal to domestic violence victims in Ireland that the State will act and intervene on their behalf to safeguard their dignity and safety and that of their children. I compliment the Minister on shepherding this Bill through the Oireachtas and on how receptive he and his Department have been to open engagement on it, especially during its Seanad Stages. I am incredibly proud of the Bill. It is something that is very close to my heart. It is a testament to the Minister's work and that of his officials, so I congratulate him on that. I am proud to have played a part in improving it, along with my colleagues across the House.

Amendments Nos. 8 and 13 relate to the issue of access to emergency barring orders outside of normal court sitting hours. We debated this issue extensively on Committee Stage and I thank all those who supported the proposal put forward by Senator Ruane and me to insert section 10 into the Bill. We felt that timely access to barring orders for victims of domestic violence in the middle of the night or at weekends had to form part of this major reform of this area of law. That was the spirit in which our proposal was tabled. These are often the times when people most need urgent help and we have to be aware of that. I appreciate the engagement of the Minister and the constructive proposal outlined in amendment No. 13, which will allow for a special sitting of the District Court for such orders to be issued. While I recognise that this will allow for the orders to be issued outside of hours, which is welcome, I wish to express some disappointment, as this is not what Senator Ruane and I envisaged in our original amendment. It is a step back from what was initially proposed and agreed by this House. If a barring order cannot be issued on the spot by an on-call judge by electronic means, every practical and procedural step required for a special sitting of the court, including transport, legal preparation and a wide variety of other issues is a potential danger to a victim of domestic violence, no matter how soon it can happen outside of hours.

That said, after reviewing the SAFE Ireland legal briefing on this issue during the debate on this section on Committee Stage in the Dáil, I recognise and accept the legal issues that could arise when these orders are issued ex parteand based only on hearsay evidence. I also recognise the drafting issues referenced by Deputy O'Callaghan during the debate and I thank him for that.

As a result, Senator Ruane, who would love to have been here but cannot make it, and I will accept the Minister's proposal on the issue and will not oppose amendments Nos. 10 and 13. We recognise the Minister has made a considerable effort to meet our concerns and those of SAFE Ireland, which we really do appreciate.

All I ask is that this area is kept under close scrutiny when the Bill is enacted, that significant resources are put into making these special sittings accessible to victims outside of hours and if issues arise, that we come back quickly with reforms and legislative change. Many thanks are due to the Minister for his assistance and engagement on this issue. He has done an incredible job. We can all be collectively proud of the Bill and I commend it to the House.