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GAZETTE
SEPTEMBER 1990
preparation of Building Regulations
to be made under the Act.
The Minister stated that in
accordance with EC Directive
83/189/EEC, which required Mem-
ber States to consult the
Commission in relation to any
proposed technical regulations and
standards, a draft of the
B u i l d i n g
Regulations would be forwarded in
the near future to the Commission.
Under the Directive, the Com-
mission and other Member States
were allowed three months to con-
sider the proposals. When the
Minister's consultation with the
Commission had been completed,
there would be no undue delay in
making regulations under the Act.
The Minister also stated that
further consultation in relation to
the Building Regulations would
shortly be arranged. The establish-
ment of a Building Regulations
advisory body was also being
considered.
GARDA LEGAL DE PAR TMENT
Mr. J. O'Keeffe T.D. asked the
Minister for Justice in the Dáil, 401
Dáil Debates,
col. 985, July 10,
1990, if there was a legal
department within the Garda
management structure; and the
recognition, if any, which was given
to gardai with legal degrees and
qualifications.
Mr. O'Keeffe also asked the
Minister for Justice the number of
Garda officers who were studying
(a) for legal degrees, (b) to qualify
as solicitors, and (c) to be called to
the Bar, and whether there was
encouragement given to do so by
way of payment of fees, study
leave and otherwise.
Further, Mr. O'Keeffe asked the
Minister for Justice the number of
serving Garda officers who (a) hold
legal degrees, (b) have qualified as
solicitors, and (c) have been called
to the Bar. The Minister for Justice
in his reply in the Dáil, 401 Da/7
Debates,
col. 985, July 10, 1990,
stated that the Garda Sióchána
structure included a legal section
which was located at the Garda
college in Templemore. The
Minister stated that he was in-
formed that gardai and sergeants
who hold certain legal qualifica-
tions can be exempted from part of
the examinations for promotion to
sergeant and inspector.
The information available to the
Garda authorities was that 26
members of the force were
studying for legal degrees and two
further members were studying to
become barristers. In accordance
with the arrangements that apply
in the public service generally,
refunds of fees may be paid to
members
on
satisfactory
completion of approved courses,
having regard to available funds.
The Minister stated that there were
also arrangements whereby
members attending approved
courses could be granted study
leave and time off to sit examinations.
According to available records,
the Minister stated that 36 serving
members of the force hold legal
degrees, two have qualified as
solicitors and 23 have been called
to the Bar.
BARRING ORDERS
Mr. Flanagan T.D. asked the
Minister for Justice in the Dáil the
number of court applications for
barring orders made (a) in 1987, (b)
in 1988, and (c) in 1989; and the
number of orders consequently
granted.
The Minister for Justice, Mr. Ray
Burke stated in the Dáil, 401 Dá/7
Debates,
col. 986, July 10, 1990,
that 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, was as follows:
Barring Orders
1987
1988
1989
Number of
3,404
2,948
3,612
applications made
Number granted
1,510
1,283
1,129
Information in relation to the
Circuit Court was being compiled
and would be forwarded to the
Deputy as soon as it became
available.
Mr. Flanagan T.D. also asked the
Minister for Justice if he would
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.
The Minister for Justice stated
that these matters would be
considered when the report from
the Law Reform Commission was
received.
Mr. Flanagan, T.D. also asked the
Minister for Justice if he would
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 appeared to be a
precondition in practice; and if he
would make a statement on the
matter.
The Minister said that the
question suggested that the courts
were reluctant to grant barring
orders except in cases where there
was evidence of physical violence.
However, there was no such
requirement in the
Family
Law
(Protection
of Spouses
and
Children)
Act,
1981
and the
judgments delivered in the
Supreme Court in the case of
O'B
-v-
O'B
[1984] ILRM 1, which
considered the 1989 Act in depth,
made it clear that there were
grounds other than physical
violence on which a court may
grant a barring order. In the
circumstances, the Minister stated
that he saw no need to alter the
criteria set out in the statute.
T HE HAGUE CONV E N T I ON
Mr. O'Keeffe T.D. asked the
Minister for Justice the number of
countries who had (a) signed or
acceded to and (b) ratified The
Hague Convention of 5 October
1961 Abolishing the Requirement
of Legalisation for Foreign Public
Documents; the reason Ireland had
not acceeded to or ratified the
Convention; and whether there are
any proposals to do so.
The Minister for Justice, Mr. Ray
Burke, replied in the Dáil, 401
Dái7
Debates,
col. 989, July 10, 1990,
that the position was that as of
May 10, 1990, which was the
latest date for which information
was available, 18 countries had
acceded to the convention and a
further 18 countries had ratified it.
The question of whether
legislation would be needed to
enable this country to become
party to the convention was due to
be considered by the Law Reform
Commission as part of their
previous work programme but
which had not then been reached.
The Minister stated that the
matter was being examined in his
Department with a view to
accession.
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