The Gazette 1990

SEPTEMBER 1990

GAZETTE

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.

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.

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