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

These amendments are being proposed following consideration of representations made by stakeholders, particularly those who work with victims of domestic violence. The proposed new section 99 will restrict the ability of an applicant or respondent to personally cross-examine an applicant, respondent or a person under 18 unless the court considers it in the interests of justice to do so. Instead, provision is made for a legal representative to conduct the cross-examination, including a representative nominated by the court where a party has no legal representative available in court. A similar provision is included in section 16 of the Domestic Violence Act 2018 which is why proceedings under that Act are excluded from this amendment. There is an ancillary amendment, amendment No. 114, to the new section 11 to provide for legal aid in this situation. That amendment inserts an additional paragraph into section 28(5) of the Civil Legal Aid Act 1995 to provide for a person who, by virtue of the limitations on personal cross-examination contained in the inserted new section 99 of this Bill, requires a legal representative for the purposes of conducting cross-examination. The provision enables the person to avail of legal aid to provide a legal representative to conduct that cross-examination on his or her behalf.

The Domestic Violence Act 2018 contains corresponding provisions. Taking on board points raised in discussion with stakeholders, this is appropriate for dealing with cross-examination in certain cases. I am happy to include these amendments as I consider it consistent to the approach being taken to the protection of parties to proceedings set out in the amendments to the guiding principles. One of the first things that I discussed with a particular victim or survivor of domestic violence was how the abuse often continued into the courts, including the family courts. I want to make sure that no matter what we do in enacting this Bill that there is no way a perpetrator of violence and/or other forms of abuse can continue that abuse into the courts. That is the reason for these two amendments.