Seanad debates

Wednesday, 5 July 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

These amendments provide for the making of civil restraining orders under section 20 on an urgent basis.

As Senators pointed out on Committee Stage, an immediate risk may exist to a person from stalking behaviour and delays may arise placing a person on notice. The amendments provide for an application for an order to be made ex parteand for the grant of an ex parteapplication where there are reasonable grounds to believe there was an immediate risk to the safety and welfare of the applicant. An order made ex partewill be valid for up to eight days. This allows for protection to be put in place immediately while placing the respondent on notice. The orders will also be available where an application is made on notice but is not immediately determined. This essentially allows the court to make a temporary order pending the determination of the overall application.

Taken together, what we want to ensure is that there is urgent relief available where victims need immediate relief and, obviously, we need to ensure that we safeguard them from any type of ongoing offending behaviour as they await a final determination of their section 27 application. Again, this is to make sure there is absolutely no gap where somebody needs that immediate assistance and help. I believe this ensures that.

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