Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senator Black for her remarks. I do not wish to delay the House but I do wish to record something of a response in respect of the disappointment that she expresses on the matter of electronic applications. There really is a difficulty there, although of course we will review it in light of ongoing and further developments, because this is an evolving body of law. The interests of justice demand that the court has an opportunity to assess the demeanour of the applicant for any order, and for this to be done on a face-to-face basis. This is particularly important in cases where applications are made on an ex partebasis, with only one side being present. I cannot see how it could be considered appropriate or proportionate to allow application for a barring order by telephone or email, given the seriousness of the consequences for the person being barred from his or her property. That is a reality of everyday life. Allowing applications to be made by telephone or on foot of an email, where it would be difficult to verify the identity of the applicant, could give rise to very serious legal consequences. However, I take what Senator Black has said into account. We will have further opportunities to examine this in the future. I will move rather speedily to group 4. These amendments relate to the service of orders under the Bill by An Garda Síochána. Senators will recall a new section, subsection (3) was inserted into section 19 on Seanad Committee Stage on foot of an amendment tabled by Senator Norris and others. The new subsection provides for the service of orders by An Garda Síochána. My Department, in consultation with the Courts Service, An Garda Síochána and the Office of the Parliamentary Counsel, examined the new provision to see what improvements and adjustments might be needed to the text. Dáil amendment No. 10 therefore inserted a new subsection into section 19 to provide that a court may direct personal service of an order by An Garda Síochána. That will apply in cases where the respondent was not present when the order was made and where there are reasonable grounds for believing that he or she may evade service or where there is any other good and sufficient reason to direct that the order be served by a garda.

It should be noted that section 19 provides that if a respondent is present in court when the order is made, he or she will be taken to have been notified at that stage of the existence of the order. Dáil amendment No. 9 provides for the consequential deletion of subsection (3).

In group 5, Dáil amendments Nos. 16 and 21 relate to the application of the Criminal Evidence Act 1992 and to proceedings for offences under the Bill. Section 34, as passed by the Seanad, provided that certain sections of the Criminal Evidence Act 1992 would apply also to criminal proceedings for the breaching of a domestic violence order. Senators will recall that section 30 of the Criminal Justice (Victims of Crime) Act 2017, which was enacted after publication of the Domestic Violence Bill, provides for substantial amendment of Part 3 of the Criminal Evidence Act 1992 which related to special protective measures for the giving of evidence by victims and witnesses in criminal proceedings for violent sexual offences.

Dáil amendment No. 21 inserted a new section to amend section 12 of the Criminal Evidence Act 1992, which defines the relevant offences to which Part 3 of that Act applies. This new section will ensure that all of the protective measures of Part 3 of the 1992 Act will apply in criminal proceedings for the offences of breaching a domestic violence order, or coercive control or in respect of forced marriage. Dáil amendment No. 16 provides for the consequential deletion of section 34.

Group 6 amendments relate to Part 4, which will replace the reference to the Domestic Violence Act 1996 in existing legislation with references to the corresponding provision in this Bill. Since this Bill was published the Mediation Act and the Criminal Justice (Victims of Crime) Act have both been enacted. Dáil amendments Nos. 23 and 24 are technical amendments which replace the references in those Acts to the 1996 Domestic Violence Act, with reference to this Bill.

Dáil amendment No. 22 provides for the amendment of Schedule 3 to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. Schedule 3 was inserted by section 29 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. This sets out a list of offences that are excluded from the application of section 14A of the 2012 Act. Section 14A provides for circumstances in which certain convictions are not required to be disclosed in relation to Garda vetting. The offences listed in Schedule 3 are offences which would give rise to a bona fide concern that a person could pose a threat to a child or vulnerable person. The offence of breaching an order under the Domestic Violence Act 1996 is listed in section 3 and Dáil amendment No. 22 proposes to add the corresponding offence under this Bill and also new offences of forced marriage and coercive control. These amendments are merely to ensure there is not any conflict, contradiction or lack of certainty with other pieces of legislation which have gone before it and also to acknowledge the enactment since the publication of the original Bills of the Mediation Act and the Criminal Justice (Victims of Crime) Act.