Vol. 309 No. 2
asked the Minister for Justice whether he is aware of difficulties being experienced in the enforcement of barring orders made pursuant to section 22 of the Family Law (Maintenance of Spouses and Children) Act, 1976; whether he has issued a directive to the Garda Síochána or caused one to be issued in this regard; and, if so, the terms of such directive.
517.
asked the Minister for Justice whether he is aware of difficulties being experienced in the operation of section 22 of the Family Law (Maintenance of Spouses and Children) Act, 1976; by reason of the fact that barring orders made by the District Court are limited to three months; and whether he will take steps to extend the jurisdiction of the District Court to enable it to grant barring orders for a six month period.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 516 and 517 together.
I have received representations on the matters mentioned. It appears that some members of the Garda Síochána were under the impression that, because the law does not give a power of arrest without warrant where a breach of a barring order is suspected, the Garda Síochána could not involve themselves unless there were aggravating circumstances such as a breach of the peace. This is not so and accordingly an instruction was issued by the Commissioner on 23 August last drawing the attention of all members of the force to the fact that breach of a barring order is a criminal offence for which a fine of up to £200 or imprisonment for up to six months, or both, may be imposed. Although an aggrieved spouse is of course entitled to institute proceedings in respect of this offence, the instruction makes it clear that the Garda also can do so and that any complaint of a breach of a barring order should be attended to accordingly.
The instruction also draws attention to the fact that, if a breach of a barring order is accompanied by a breach of the peace, there may be grounds for arrest without warrant.
This instruction is expected to lead to a significant improvement in the position.
As regards the three-month limit on the duration of a barring order, this is closely linked to the fact that the District Court is a court of local and limited jurisdiction with summary procedures. The jurisdiction to exclude a spouse from the family home even for three months would be regarded by some people as a substantial jurisdiction. Nevertheless, the matter is being further reviewed and it so happens that a wider question of the jurisdiction of the various courts will be under consideration very shortly. Accordingly if, on further examination, an increase in the District Court's jurisdiction in relation to barring orders seems justified, I expect that an opportunity to make the change will present itself in the fairly near future though, for the reason I have stated, care will be needed in dealing with the matter.
