Ms Stephanie Lord:

I will be very brief in my comments. I reiterate our thanks to the committee for inviting FLAC before it to present on this important issue. As Ms Barry has already pointed out, access to justice is fundamental in that it allows people access their other rights but also enables people to hold other State agencies, such as Tusla and the HSE, to account. I want to focus on some of the more practical aspects of accessing the Irish courts which should be addressed if there is to be meaningful reform of the family law system.

Given the limited nature of legal aid and the restrictions on what someone can be granted civil legal aid for, many people end up representing themselves in the courts. This raises all sorts of difficulties for individuals because of the complexity of the processes. We have made a lengthy submission to the committee on which we have made a range of recommendations regarding accessible forms that could be made available to people that would assist in making it easier for people to represent themselves in the court process. We have also made a number of recommendations around examining the provision of unbundled legal services and further statistics that could be compiled so that we might eventually gain a better picture of the true needs of family court users.

We have also made a range of recommendations to address the difficulties that are faced by people with disabilities in the courts, such as inaccessible courts, inaccessible offices of legal practitioners, legal documentation being unavailable in accessible formats, and the procedural systems being too complex to navigate. Accessible formats and accessibility testing are necessary because people with disabilities are involved in family law proceedings in our courts. We have also made a number of recommendations regarding the availability of information for people who speak Irish Sign Language. We recognise that the Courts Service has made some improvements in accessibility, particularly for people who use hearing aids, but much more could be done.

There are clear problems with the physical infrastructure of the family courts in Ireland. Hearings on domestic violence, guardianship, children, maintenance and matters pertaining to passport applications and blood tests are heard in Dolphin House in Dublin. Dolphin House deals with the family court issues for the Dublin metropolitan district with the exception of Swords. Despite the large area that Dolphin House caters to, the court building is not equipped for the high volume of people who are using it.

The availability of speakers of foreign languages is an issue across all family courts. The lack of regulation in legal interpretation services is a major issue and FLAC has concerns about the quality and availability of interpretation that is being provided. Given that there can often be significant and important constitutional rights in the balance in these cases, this is an issue of major importance. People who do not have sufficient English language skills are just as entitled to access justice as anybody else in the court process. We absolutely recognise the work of Courts Service staff and legal practitioners within the court, but it is at full capacity at the moment.

I will talk further about Dolphin House in particular. My work is research-based and I do not generally visit the courts but I did visit Dolphin House recently. I found the entire experience rather shocking. It was filled with people, many of whom were in a vulnerable position and from marginalised communities. It is common practice for people to have to engage in consultations with their solicitors in the hallways and on the stairs because there are so few consultation rooms available and those that are available are already occupied. Women often have children with them because of childcare issues. It is unclear, when one enters the court building, where to go. There is a set of stairs and people carry buggies and prams upstairs before returning back down the stairs. Consultations with solicitors, which often contain intimate details of someone's mental or physical health, are taking place in full earshot of complete strangers. There are visibly distressed people and upset children in the courts who are crammed into a dirty and poorly laid out building.

The lack of space in the family law courts means applicants and respondents generally have to wait in the same area, and this can be especially distressing for victims of domestic violence. It makes it especially difficult for women who have to consult their solicitors when the respondent is in the same area.

A further issue is that when a person's legal aid certificate has run out, they are dependent on the Courts Service staff to explain the basic information to them about the different orders and processes involved and the requirements needed to apply for them. The Courts Service staff do their best but it is not a replacement for proper legal representation and access to civil legal aid. While I am speaking particularly about Dolphin House, the lack of consultation space is something that comes up in courts across the State.

Were the courts and legal aid to be resourced appropriately, it is our view that it would massively reduce legal costs in the long term because cases would proceed appropriately. Civil legal aid is consistently viewed as the poor relation of the welfare state and we would very much like to see this examined and changed. FLAC would be happy to attend this committee again and meet any of the committee members who wish to discuss this issue further.