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Dáil Éireann debate -
Wednesday, 5 May 1999

Vol. 504 No. 2

Written Answers. - Domestic Violence.

Emmet Stagg

Question:

39 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the consideration, if any, he has given to amending the Domestic Violence Act, 1996, to include partners who do not reside with the person claiming abuse. [11554/99]

The Deputy will be aware that the law on barring orders was the subject of a comprehensive review which led to enactment of the Domestic Violence Act, 1996.

I assume the Deputy, in his question to me, is referring to the position of cohabitants as they are defined in the Act of 1996. The requirement is that cohabitants must be living together for a certain period of time prior to an application for a barring order or a safety order for their protection under the Act. The Deputy seems to suggest that the law be now changed to permit cohabitants who no longer live together to avail of the provisions in the Act. My understanding is that when the legislation was being framed it took into account detailed consultations on the legal and constitutional issues involved and that the legislation went as far as it could go in relation to the position of cohabitants.

I can say, however, that the operation of the law in relation to domestic violence continues to be reviewed by my Department in consultation with, among others, the National Steering Committee on Violence Against Women. The committee has identified the area represented by the Deputy as one that should be examined and Women's Aid, in a special research project, have done likewise. I have arranged for further examination of this area of the law and I can also inform the House that where changes are found to be feasible I shall include them in the context of the proposed Family Law Bill that is referred to in the Government's legislation programme.

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