Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Ms Eilis Barry:

Absolutely, it is about legal representation and resourcing how the voice of the child is heard, but also resourcing the courts system. Professor Shannon referred to the Rolls-Royce system for Commercial Court cases. We believe the issues at stake in family law matters are the most important issues that are addressed in the administration of justice and there needs to be an equivalent Rolls-Royce system for those issues. We invite the committee to look at the whole issue of legal aid, perhaps as part of this report, but perhaps as a separate inquiry into the subject. Anecdotally, we have been told by family law practitioners that up to 80% of people in the District Court are not represented. That is a scandal. It is not desirable for the parties involved, for the children or for the early resolution of matters. It causes huge delays as judges try to grapple with the unrepresented litigant appearing before them. There is a real need for the family law court system to be resourced and for the courts system itself to be resourced. The courts system is predicated on the basis that someone will be represented. The whole forms and procedures are drafted by lawyers with the view that lawyers will be reading them and applying them. There is a real need for the lay litigant to be at the centre of court forms and procedures as well.

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