Charles Flanagan
Ceist:149 Mr. Flanagan asked the Minister for Justice the number of court applications for barring orders made in (a) 1987 (b) 1988 and (c) 1989; and the number of orders consequently granted.
Written Answers. - Barring Orders.
The information in relation to the District Court for the legal years, 1987, 1988 and 1989, that is the year from 1 August to 31 July of each year, is hereunder:
|
Barring Orders |
1987 |
1988 |
1989 |
|
Number of applications made |
3,404 |
2,948 |
3,612 |
|
Number granted |
1,510 |
1,283 |
1,129 |
Information in relation to the Circuit Court is being compiled and will be forwarded to the Deputy as soon as it becomes available.
Charles Flanagan
Ceist:150 Mr. Flanagan asked the Minister for Justice if he will extend the definition of those entitled to seek the redress of a barring order to include (a) those cohabiting (b) brothers (c) sisters (d) uncles (e) aunts and (f) all persons living permanently on the premises with the alleged victim of violence.
These matters will be considered when the report from the Law Reform Commission, to which I referred in my reply to the Deputy's Question No. 10 on 5 July 1990, is received.
Charles Flanagan
Ceist:151 Mr. Flanagan asked the Minister for Justice if he will amend the Family Law (Protection of Spouses and Children) Act, 1981 to extend the criteria to be met by an applicant for a Barring Order having regard to the fact that physical violence appears to be a precondition in practice; and if he will make a statement on the matter.
The question suggests that the courts are reluctant to grant barring orders except in cases where there is evidence of physical violence. However, there is no such requirement in the Family Law (Protection of Spouses and Children) Act, 1981 and the judgements delivered in the Supreme Court in the case of O'B v. O'B [1984] ILRM 1, which considered the 1981 Act in depth, make it clear that there are grounds other than physical violence on which a court may grant a barring order. In the circumstances, I see no need to alter the criteria set out in the statute.