Concern at home violence Bill clause

Fine Gael justice spokeswoman, Ms Sheila Terry, said those working for the protection of women were extremely concerned at the deletion in the Domestic Violence Bill of the "exceptional circumstances" provision of the 1996 Act.

She was speaking during the second stage debate on the Bill in the Seanad.

Mr Brian Lenihan, Minister of State at the Department of Justice, Equality and Law Reform, said the Bill restored to the courts the power to make interim barring orders ex parte, following the Supreme Court decision that part of the 1996 Act was unconstitutional because of a failure to prescribe a fixed period of relatively short duration during which an order could continue in force.

Mr Lenihan said the 1996 Act had stated that where the court in exceptional cases considered it necessary or expedient in the interests of justice, an interim barring order might be made ex parte, notwithstanding the fact that the originating document or other notice of the application required to be duly served on the respondent to the application had not been so served. In the Bill before the House, the phrase "in exceptional cases" would be replaced with a reference to "the circumstances of the particular case". There would also be a stipulation that an interim order might be made ex parte, "where the court considers this necessary or expedient in the interests of justice."

The Supreme Court had noted Section 4 (3) of the 1996 Act contained no criteria by which a court was to decide whether a case was exceptional. The new phrasing invited a court to assess the circumstances of the case before it.

Ex parte orders made under the Bill would have effect for not more than eight working days, unless, on application by the applicant for the barring order and on notice to the respondent, the order was confirmed within that period by order of the court.

If the interim order was confirmed, it would continue in effect until the application for the barring order itself was determined.