Frances Black (Independent) | Oireachtas source

Amendments Nos. 15 and 17 seek to provide that applications to the courts for civil orders can be made ex parte or by and for only one party to a dispute. The Bill, as drafted, provides that applications for these orders must be made on notice to the respondent. Amendment No. 15 simply provides that an application shall be made to the court for a civil order under section 27 of the Bill unless doing so would place the applicant at risk of harm. This acknowledges the risks associated with notifying a respondent in certain cases. Amendment No. 17 inserts a new provision in the Bill which specifies that application orders can be made ex parteor by and for the applicant where the court deems it is in the interests of justice to do so, having regard to the individual circumstances of the application.

These amendments, taken together, would ensure that victims of harassment and stalking could make applications for civil orders to the court without putting themselves at risk of further harm through retaliation, intimidation or an escalation of the relevant conduct, which is harassment or stalking, while awaiting the full hearing of any application without a court order to restrain the problematic behaviour in the interim. The issue has been highlighted by a number of domestic violence groups. It is important that we hear and act on their concerns. This is a simple and sensible amendment and I hope the Minister will consider accepting it.