The Gazette 1996

GAZETTE

JUNE 1996

The legislature e n v i s a ge that applicants will apply for either a Sa f e ty Order or a Barring Order. One can e n v i s a ge a situation in wh i ch an applicant is a d v i s ed that in c a se the mo re e x t e n s i ve r eme dy of a Barring Order mi g ht not be granted a dual application s hou ld be issued thus g i v i ng the option to the District Judge to provide the lesser relief of a S a f e ty Order. 4. T he ramifications of s e c t i o ns 9 and 16 under wh i ch the District Judge can ma ke a w i de variety of Orders under four other Ac ts without prior notice to the respondent g i v es rise to grave c o n c e r ns for the respondent's rights. I w o u ld w e l c o me particularly the effort on the part of the legislature to deal with differing e f f e c ts on p e o p le as a result of marriage b r e a kd own, the increase in Garda p ow e rs to enter and search with reasonable c a u se in order to ma ke an arrest, the creation of the Sa f e ty Order r eme dy wh i ch can g i ve parties a f f e c t ed a r eme dy without h a v i ng to g o to the e x t r eme of s e e k i ng

a Barring Order and the introduction of the "Watching and Be s e t t i ng" e l eme n ts to the three reliefs under the Act. Regrettably the Act d o es not include any provision for Court-annexed services, the i n v o l v eme nt of the Probation and Welfare S e r v i ce or any p r o v i s i o ns for dealing with the underlying c a u s es of d ome s t ic v i o l e n c e. The Department of Equality statistical analysis of the operation of the Act in an effort to determine the p r o c e ss and c o n s e q u e n c es of d ome s t ic v i o l e n c e. It is to be regretted that the Department of Justice have not yet introduced training and support for the Family Law District Court Clerks w h o h a ve b e en at the coal f a ce of D ome s t ic V i o l e n ce since 1976. The present C P SU D i s pu te e f f e c t i v e ly me a ns that the Act cannot be i mp l eme n t ed as it is intended on a n a t i o nw i de basis. • and L aw R e f o rm should set up s ome form of monitoring and

Law Society

SOLICITOR LINK

Completely confidential register to assist solicitors wishing to buy or sell a practice or merge with another firm or share overheads. For details contact: Geraldine Hynes, The Law Society, Blackhall Place, Dublin 7. Phone: (01) 671 0711 Fax: ( 01 ) 671 0064

Doyle Court Reporters Principal: Áine O'Farrell Court, Conference, AGMs,

Business Meetings, Arbitrations. Verbatim Reporting - Daily Transcripts Personal Injury Judgements for Trinity & Michaelmas 1995 Now Ready 2, Arran Quay, Dublin 7. Tel: 872 2833 or 286 2097 (After Hours) Fax: 872 4486 'LxcefCence in Reporting since 1954 Annual Licensing Sessions

See page 165

138