No other common law country on earth has such a secretive, almost medieval, approach to family law as Ireland does. Scotland, England and Wales, Canada, Australia and New Zealand have ALL moved towards greater openness in their family courts, with qualified court reporting by accredited independent media now standard in each of these jurisdictions.
In his reply Minister Shatter refers to the Government funded Family Law Court reporting Project. This government controlled project was nothing more than another useless quango, delivering propaganda with no scientific basis whatsoever in it's claims denying bias against fathers in the family courts.
Of course there is no cost associated with independent media being allowed report on family law matters!! But why didn't this lightening bolt of wisdom ever strike our Minister for Justice?
New Zealand provides a useful template on independent media court reporting of family law.Their recent Family Courts Matters legislation has a guiding principle which states:"THAT ANY PERSON MAY PUBLISH A REPORT OF PROCEEDINGS IN THE FAMILY COURT WITHOUT LEAVE OF THE COURT BUT THE REPORT MUST NOT CONTAIN IDENTIFYING INFORMATION IF A PERSON UNDER 18 YEARS OR A VULNERABLE PERSON IS INVOLVED IN THE CASE"
These sections now apply to all family court hearings in New Zealand.
However as today's Irish Times reveals, Minister Shatter prefers more secrecy in matters relating to family law. Section's 82.3 and 82.4 of his new Legal Services Bill seeks to block the publication of solictor's/legal firms involved in fees disputes with their family law clients. This increased secrecy denies the consumer rights of all family law litigants, by blocking information pertinent to their selection of which family law solictors/firms to engage. In stark contrast in all other areas of law the names of legal firms/solictors involved in legal fees disputes would continue to be published.
Therefore I will not be holding my breath that a former Senior Solicitor and founder of one of the largest family law firms in Ireland will be leading the charge on family law openness any day soon!
John Don
Posted on 31 Oct 2011 10:37 pm
No other common law country on earth has such a secretive, almost medieval, approach to family law as Ireland does. Scotland, England and Wales, Canada, Australia and New Zealand have ALL moved towards greater openness in their family courts, with qualified court reporting by accredited independent media now standard in each of these jurisdictions.
In his reply Minister Shatter refers to the Government funded Family Law Court reporting Project. This government controlled project was nothing more than another useless quango, delivering propaganda with no scientific basis whatsoever in it's claims denying bias against fathers in the family courts.
Of course there is no cost associated with independent media being allowed report on family law matters!! But why didn't this lightening bolt of wisdom ever strike our Minister for Justice?
New Zealand provides a useful template on independent media court reporting of family law.Their recent Family Courts Matters legislation has a guiding principle which states:"THAT ANY PERSON MAY PUBLISH A REPORT OF PROCEEDINGS IN THE FAMILY COURT WITHOUT LEAVE OF THE COURT BUT THE REPORT MUST NOT CONTAIN IDENTIFYING INFORMATION IF A PERSON UNDER 18 YEARS OR A VULNERABLE PERSON IS INVOLVED IN THE CASE"
See section 11A to 11D of the following New Zealand Act as a working example as to how justice can be seen to be done in family
courts:http://www.legislation.govt.nz/act/public/1980/0161/latest/D...
These sections now apply to all family court hearings in New Zealand.
However as today's Irish Times reveals, Minister Shatter prefers more secrecy in matters relating to family law. Section's 82.3 and 82.4 of his new Legal Services Bill seeks to block the publication of solictor's/legal firms involved in fees disputes with their family law clients. This increased secrecy denies the consumer rights of all family law litigants, by blocking information pertinent to their selection of which family law solictors/firms to engage. In stark contrast in all other areas of law the names of legal firms/solictors involved in legal fees disputes would continue to be published.
Therefore I will not be holding my breath that a former Senior Solicitor and founder of one of the largest family law firms in Ireland will be leading the charge on family law openness any day soon!