Oireachtas Joint and Select Committees
Wednesday, 6 March 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Reform of Family Law System: Discussion (Resumed)
Mr. Seán Ó hUallacháin:
I appreciate that things can move slowly, but sometimes that is for a good reason, while at other times it is not. Much could be done with the family law system that would not require legislation. To a large extent, that is the undercurrent of the Bar Council of Ireland's submission. There is a requirement for the Government to decide to spend money on this, but, unfortunately, in the world in which we live, money is always tight. Nevertheless, it needs to happen. Without boring the committee, I again argue that the facility on Hammond Lane must be built now, not in five or ten years. It would not just comprise courts as it would also have family-friendly spaces, spaces for mediation and the Legal Aid Board. It would have areas for social workers, as well as play areas and cafés. It would be a properly functioning environment and must be built.
In Dublin and perhaps Cork the presidents of the various courts more or less identify areas and judges self-select. As a result, we tend to get judges who want to work in particular areas. I am not saying I would be any better, but there is a need for training for the people concerned. It is not that they are bad in themselves, as most of them are very good at what they do, but resources must be applied to provide specialist training. The judges must be left in an area for two years, whether it be under the 80:20 rule mentioned by Dr. O'Shea or 100% of the time. That would bring consistency, which is key in my experience of litigation. If the practitioners know where judges are going, they can advise their clients accordingly.
Unless the judge is not applying the law, such that one has to appeal, there is a much more streamlined approach, there are fewer time delays and there are fewer trials running to see what a particular judge will do with this topic. That can be done without money but one does need training. Training takes time and money but the Hammond Lane building must be built.
Beyond that, it is difficult to know. I do not want to be Dublin-centric or Cork-centric but once one leaves Dublin and Cork, it is a much bigger issue that probably requires far more extensive analysis of whether existing court buildings could be used more efficiently for courts and mediation services or whether time and money must be spent building new buildings. I hope this would not be necessary and that the money could be spent on existing facilities, whose use and the personnel within them could be maximised. In Dublin and Cork, this could all be done very fast if the Hammond Lane building is built. I appreciate that would involve a time lag. Outside Dublin and Cork, it would probably be slower but it would not have to take forever. It might take a year but it could be got up and running. The legislative changes, if necessary, can follow.
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