Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The Deputy mentioned prisons. We have to remember, and I see this on a weekly basis, that unfortunately we have in this State, as every state has, individuals who engage in appalling violence and commit barbaric crimes, whether homicides or vicious and appalling assaults, which effectively destroy the lives of individuals who survive those assaults. Women are raped, children are sexually assaulted. There are individuals who are prepared both to threaten and to take life for financial gain. When talking about the prison systems and reforms and changes needed we should never forget that there are groups of individuals for whom the only appropriate sentence is a very long prison sentence, both to reflect the revulsion of the community at what the person has done, to punish the person and to protect the community so that the person does not, soon after a conviction, re-offend and commit a similar offence to destroy the life of another innocent member of the wider community. We must always remember that. There is a very serious balance to be achieved in these areas. The judiciary is confronted with dealing with this type of issue daily and must approach them in a very considered and careful way and they do so.

I welcome the Chief Justice's announcement that the Supreme Court will sit in September to deal with some of the outstanding appeal cases. That is a very welcome and important development. I welcome the announcement of the President of the High Court that some additional members of the High Court will sit in September to deal with some outstanding cases. It is important that our courts sit in a manner that is appropriate to a modern twenty-first century Ireland. The court vacation periods reflect the way the courts operated 100 years ago. These initiatives are very welcome. I would very much like to see it become the norm that our Judiciary, who work very hard and who contribute and must have their appropriate holiday periods, resume in full in September as opposed to the position until now when the higher courts were, at least in theory, on vacation until 1 October. I should say, and it is only fair because when this is written about it is often not reported, that even though in theory the vacation period for the higher courts has been August and September, although the District Court comes back in September, the reality has always been across all the courts that there are judges available who sit and hold court hearings in August and September to deal with emergency cases and applications. There have always been court sittings in August and September but it would be a very good development if the courts fully returned in September and I very much welcome the fact that we will have these additional sittings of the High and Supreme Courts in September. That will contribute to reducing some of the backlog that exists.

All Deputies know, and I do not want to bore them with this, that I have a particular interest in family law. That is why I want us to hold the referendum to provide a separate integrated family court system. I want to see the family court operating in Ireland in a manner similar to the way it operates in Australia where it sits separately. There would be dedicated family court judges and we would not have family law and child care matters, which should fall within the family court, in a sort of fragmented jurisdictional basis where there are overlapping and partial jurisdictions vested in different courts. We will have an opportunity to talk about how we will implement this as we head in to the discussion following the seminar that we will hold. Any members of this committee who are free are very welcome to attend the seminar on family courts. I will clarify whether it is to be a Friday or Saturday because I do not remember. I know it is in the first week in July. I will make sure that my private secretary sends a note to members about that. It is a half-day seminar. The president of the Australian family court is one of the speakers and that will be a particularly interesting speech.

Resources are, of course, an issue. If we were to have the most ideal family court system we would have family courts across the country with a back-up welfare assessment service attached to the court as they have in Australia. We would have mediation facilities within each of the major buildings dealing with family matters. That may mean that we would have to centralise family matters to a greater extent than we have done in particular appropriate court buildings. Some of what I would like to see happen requires resources that we may not have and we may not be able to implement all of it in one fell swoop. If we could deal with the creation of the structure and any referendum that may be necessary, then produce and enact the legislation, and if some of the legislation has provisions to give rise to new services that will require a commencement order at a later time when we have the funding, we will at least put in place the basic important foundations to provide an improved system. That is very much my objective.

I of course agree that if fines are imposed people should pay them.

However, being sent to jail for non-payment of a fine is not something that people appreciate, but what has occurred is that the person does not serve any meaningful jail time. That is why a meaningful community service order, which requires one to do community service, will be a greater incentive for people who can afford to pay to do so. If some people would prefer to do community service, so be it, the community will benefit. I want to move away from any possible public perception that if a fine is imposed and one does not pay it, not a whole heap will happen. I want to ensure that the courts are respected and that where orders are made that are not complied with, there is a meaningful system in place to address that. Community service has a particular role in that context.