Legislation on barring orders passed

Legislation restoring power to the courts to grant interim barring orders was passed unanimously in the Dáil yesterday and now goes to the President to be signed.

The Domestic Violence (Amendment) Bill was rushed through both the Dáil and Seanad to be passed before Christmas. The Supreme Court earlier this year ruled that there had to be restrictions on the application of interim orders because it was a serious matter for someone to be removed from the family home "without having the right to speak in his or her defence".

The Minister of State for Justice, Mr Willie O'Dea, said that under the changed legislation, the court can issue an interim order without notice to the person being removed, where "the court considers it necessary or expedient in the interest of justice". If the court decides it is not necessary or expedient then it can require notice to be served on the person whose removal from the home is sought.

He described the legislation as a "proportionate" response.

The Opposition welcomed the legislation and the Fine Gael justice spokesman, Mr John Deasy,said it was a "sad indictment of the way society is going that it is necessary to pass this Bill before Christmas". He called for a wider debate on the issue of domestic violence and said there had to be proper Government funding for programmes against such violence.

Labour's justice spokesman, Mr Joe Costello, was appalled that "no financial implications are envisaged" even though the legislation would give rise to more court hearings.

He was concerned that there would not be enough resources and the legislation would "fall into disrepute".