The Gazette 1996

GAZETTE

JUNE 1996

Section 2.2. (b), Section 3.(3) (c) and Section 5 (1) (b) provide that a Sa f e ty Order, a Barring Order or a Protection Order may be ma de against a respondent w h o wa t c h es or besets a place wh e re the applicant or a dependant person resides. S e c t i on 6 of the Act g i v es p ower to the Health Board to apply for certain orders on behalf of an a g g r i e v ed person in certain circumstances. This section of the Act d o es not c o me into force until 1st January 1997 due to the importance the Health Board place on putting into operation the p r o v i s i o ns of the Child Care Act 1991 wh i ch o n ly recently c ame into operation. The Courts also have e x t e n s i ve n ew p owe rs to refer c a s es to the Health Board for investigation in certain circumstances.

2. Sections, 3, 4 (a) and (b) e p i t omi se the struggle b e t we en property rights and the rights to bodily integrity. 3. The extension of jurisdiction to the District Court to grant Barring Orders for up to three years. N o indication is g i v en as to the level of information wh i ch should be g i v en to the respondent or to the protection of the respondent's right to due process g i v en the seriousness of the penalties wh i ch can be l e v e l l ed against him/her. The granting of a Barring Order for three years wo u ld e f f e c t i v e ly sound the death knell for any marriage. In addition there is a provision for an e x t e n s i on of the original term granted by the District Court and no indication of any requirements as to whether fresh e v i d e n ce will be sought or whether the e v i d e n ce originally tendered wo u ld be sufficient to grant an extension.

the Courts are emp ow e r ed to make Orders under various Ac ts without the institution of separate p r o c e e d i ngs under those Acts. The Ac ts are the Guardianship of Children Act 1964, the Family Law (Maintenance of S p o u s es and Children) Act 1976, the Family H o me Protection Act 1976 and the Child Care Act 1991.

I s s u es of C o n c e rn a n d L o st O p p o r t u n i t i es

Wh i le the Act s e e ks to address the problem of d ome s t ic v i o l e n ce in a c omp r e h e n s i ve way there are in fact a considerable number of c on c e r ns in relation to a n oma l i es contained in the Act, and matters wh i ch have not been dealt with.

1. A very important category of p e o p le w h o are subject to d ome s t ic

v i o l e n ce were not included, i.e. those parties w h o do not co-habit but have a child in c ommo n.

In addition, under S e c t i o ns 8 and 9

Ho w Yo u Ca n Hel p Th Donkey s I n Irelan d

Over 1,200 donkeys have been taken into our care. Many like Thomas rescued from a life of neglect and suffering. Thomas' hooves had been .allowed to grow so long he could stand for only very short periods. We believe that donkeys deserve to be treated humanely - they have served us well over the years pulling carts and hauling peat. We owe them the opportunity to spend their retirement in • peace with adequate care and attention. Please help us to help them by leaving a legacy for their future. For more information please contact: Paddy Barrett, Manager, The Donkey Sanctuary, (Dept LSG), Knockardbane, Liscarroll, Mallow, Co. Cork. U.K. Reg. Charity No. 264818 Tel: (022) 48398

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