asked the Minister for Justice if he is aware of difficulties being encountered in the enforcement of barring orders under the Family Home Protection Law (Maintenance of Spouses and Children) Act, 1976; and if he will consider the introduction of amending legislation to meet the problem, which legislation might also provide for interim access to children for those barred from the family home; and if he will make a statement on the matter.
Ceisteanna—Questions . Oral Answers . - Barring Orders Enforcement .
3.
: I am aware that difficulties can arise in the enforcement of barring orders in certain cases but it does not follow that amending legislation is necessary or that it would provide an appropriate answer to the particular problems.
The usual suggestion made in this context appears to be that the Garda Síochána should have power to arrest without warrant where it appears that there has been a breach of a barring order. I do not exclude this but, apart from the fact that there are certain objections to it, I am not yet satisfied that it provides any real solution even from the point of view of the other partner since the arrested person could not arbitrarily be kept in police custody nor could he be refused bail while his case was awaiting hearing except on specific grounds which might not be present.
It appears to me that there may be other approaches to the problem which might well be more effective in practice and preferable from other points of view and I am having the matter examined.
As regards access to children, however, I am not very confident that this can be satisfactorily resolved in the context of a barring order by the District Court, since that is inherently and unavoidably in the nature of a short-term decision made to meet an immediate problem of threat to the safety of a spouse or children. However, that too will be examined.
: Is the Minister aware that in the United Kingdom there is a provision for intervention by the police authorities in the case of a breach of barring orders and this appears to give a more effective enforcement of such orders?
: My Department are examining the system in operation in Britain. The whole matter is being looked at and, when scrutiny is complete, we will see what we can do.
: The Minister accepts there is a problem?
: I do.
: With regard to interim access—I gather the Minister is not over enthusiastic about this aspect —would the Minister not accept it is probably in the interests of the children, in the first instance, and possibly of the errant spouse that some such arrangement should be incorporated in a barring order?
: I accept what the Deputy says. This, too, is part of the general overall problem and part, therefore, of the area being examined. We will have to try to do something about it.