Dr. Geoffrey Shannon:

I take the opportunity to thank the joint committee for the invitation to address it on the topic of reform of the family law system. In my opening statement I will focus on three of the issues suggested for discussion: the structure of the court system; alternative dispute resolution mechanisms; and ascertaining the views of the child during family law proceedings.

Ireland does not yet have a specialised family or children's court system. Such systems are commonplace across Europe and in common law jurisdictions. The establishment of a specialised family and children's court system is a recommendation made in Council of Europe guidelines. The intention to establish such a system has been announced, but the necessary detail, resources and implementation are needed in order to make the plans a reality.

In the 1980s the Probation Service sat in in every family law case, but that changed late in that decade as the service concentrated on criminal law cases. That left a significant gap which has never been filled.

It should be acknowledged that the President of the District Court, Judge Rosemary Horgan, has introduced innovations in the Dublin Metropolitan District Court. Admirably, in his first public address the Chief Justice focused on the issue of access to justice. That said, much broader structural reform is needed to ensure the family law system will meet the needs of citizens who access the system at a vulnerable time in their lives.

The proposal set out in 1996 by the Law Reform Commission family courts working group recommended the establishment of a two-tier court system: the District Court and a regional family court. Under this proposal, the lower tier would have some of the jurisdiction the District Court currently has, but the court would not make final orders. The second tier proposed was the establishment of regional family courts, with information centres attached. They were to be on the same tier of jurisdiction as the Circuit Court and use specifically trained members of the Judiciary. The second tier, to be known as the Regional Family Court, would have jurisdiction in dealing with all issues.

An analysis of the family law court system in England and Wales and Australia suggests it is a model which is not overly interwoven with the rest of the court system. Managing the type of case which goes before each tier also emerges as a key issue of importance. In England and Wales a strictly run gatekeeping system is operated to ensure cases are allocated to the most appropriate tier of the system. This mechanism to manage cases is best suited to the Irish context.

Cuts to legal aid budgets have led to proceedings which are more drawn out and more difficult to resolve and a situation where adequate support is lacking. The time constraints faced by professionals actually cost more money in the long run. That is something we sometimes forget; it is a case of penny wise and pound foolish. It is something of which we should not lose sight.

It has often been emphasised that the common law adversarial system is highly unsuited for family law cases, as parents are focused on winning and their disputes can be damaging psychologically both for them and their children. It is unclear whether inquisitorial systems are better for family law cases, in particular those which involve proceedings concerning children. Alternative dispute resolution, ADR, has been recommended for greater attention, having regard to international practice and what would be possible in Ireland. Mediation and other alternative dispute resolution approaches appear to result in more amicable and enduring arrangements, with the attention of parents more likely to be on children's needs. There are issues related to power dynamics in relationships and children are often excluded from alternative dispute resolution approaches. Therefore, it should be seen as a useful alternative mechanism to resolve family disputes, not as a cost-saving measure.

A family law system must be equipped not only to have children present but also to facilitate them in having meaningful involvement in proceedings. Courts in Ireland have a duty to hear children and give due weight to their wishes. Article 42A of the Constitution provides for a more heavily entrenched right for children to be listened to in private family law cases. There is a distinct lack of provision in Ireland for children to be heard.

Guardians ad litemare often the most effective mechanism whereby children can present their views to the courts, yet they may or may not be appointed in a given case.

I have made a number of recommendations in the submission to the committee and I will focus on three or four of those by way of conclusion. Any new family court structure must recognise and promote an interdisciplinary system to ensure effective communication among all disciplines involved in family law. In private family law matters, key services should be available to permit family law judges to refer couples or parties to skilled personnel to draw up parenting plans; carry out parenting capacity assessments; deal with anger management programmes in domestic violence cases; monitor custody and access orders when they break down and facilitate their restoration; engage in family therapy; and implement supervised access orders. The key ancillary services are an essential part of any new family law court system. The message I wish to communicate this morning is the importance of those key ancillary services. Without them any new system will be as flawed as the current one.

Other practical measures that are necessary to ensure child and family law matters proceed smoothly include having translators within easy reach to avoid lengthy delays or adjournments when there are language problems. Judges must set firm timetables for cases. Timetabling and case management decisions must be child-focused and made with explicit reference to the child's needs and timescales. This recommendation should be underpinned by primary legislation, as delay and drift have a profound impact on the welfare of children and families. The message from other jurisdictions is unequivocal that children and family services in the court are best managed by a dedicated and integrated family court structure that is properly resourced to meet the particular needs of people at a vulnerable time in their lives. Ireland must invest resources to ensure that its court system is fit for purpose. It should be not only meeting the requirements of the UN Convention on the Rights of the Child, the Council of Europe guidelines and other international standards but leading the global inclination in favour of specialised family law systems and of involving children in proceedings affecting them.

I thank the committee for taking the time to listen to me and I am happy to answer the members' questions.