The Minister for Justice has published a Bill to fill the gap in domestic violence legislation caused by the recent Supreme Court ruling on barring orders.
The Domestic Violence (Amendment) Bill provides for the granting of interim barring orders, in the absence of the person to be barred, but under certain conditions.
Earlier this year the Supreme Court ruled that barring orders issued ex parte, in the absence of the other party, and without a time limit, were unconstitutional.
It found that they violated a principle of natural justice, that the other side of a case be heard, and that this violation was out of proportion to the need to protect a person threatened by violence.
Concern was expressed by Women's Aid and opposition politicians that this judgment could leave women at risk of assault from violent partners, and they called for legislation to fill the gap.
Announcing the publication of the Bill yesterday, Mr McDowell said a Protection Order, an order granted under the same legislation that requires a person not to assault or harass the person seeking it, was not adequate for the situations which met the criteria for the making of an interim barring order.
Under the Bill an interim barring order granted ex parte will lapse not more than eight days from the date it is made, unless it is continued by a court which has given the respondent an opportunity to be heard.
The Bill also provides that, where an interim barring order is granted ex parte, a note of the evidence on which it is based must be made and given to the person barred, so that he knows what is alleged against him.
The Minister said he hoped the Bill would be processed through all stages before the Christmas recess.