Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)

As the Minister knows, no justice system is perfect and delays in family court hearings, with the consequent negative impact on women and children in particular, is an Irish scandal. I have been approached by a number of constituents, leading family solicitors and women's organisations, all claiming there is a serious backlog in maintenance applications.

The picture being painted by the people in contact with me is of a system in complete disarray, with many women and children living in poverty and on the edge. Several women have stated that they feel they are being gagged by the family law courts. They are frustrated that they are not allowed to speak out. I appreciate that family law cases are held in camera and I respect the rule but it can be manipulated against the applicant, and often legal people can get away with very unprofessional behaviour while still charging top dollar.

I would appreciate if the Minister could reply to the following questions. Is it correct that women and children are being left to wait for up to one year for hearing dates for emergency maintenance applications in the family law courts? These women often do not know where they will get money to pay for basics like food, clothing and doctor bills. How many judges short is the District and Circuit Court system, and is it true that criminal cases take precedence over family law cases? Are judges of the Circuit Court, in Dublin particularly, being regularly seconded from urgent family law hearings to sit in the criminal courts?

Is it correct that a judge was recently taken from the family law Circuit Court hearings at Phoenix House in Dublin to hear the high-profile prosecution case of a former personal assistant to a millionaire? That was done at the expense of hundreds of maintenance and other family law-type hearings. Is it true that even when dates are given for family law case hearings, particularly maintenance applications on behalf of women and children, these cases are repeatedly adjourned? Why is that? Why are cases being listed for hearing and expensive legal teams being brought to court when it is clear those cases will not be heard? Women seeking maintenance often emerge from family law court hearings that have been adjourned with a hefty legal bill and no maintenance payments.

What is the timeframe for the hearing of maintenance cases at Phoenix House family law Circuit Court in Dublin? Will some form of emergency interim system be put in place to address the thousands of unheard maintenance applications, where women and children are being left on the poverty line while the husbands are allowed to do whatever they want with their salaries until the cases reach the court? What is the extent of the backlogs in family law hearings in each of the courts?

Will adequate consultation facilities be provided in family law courts in recognition of the sensitive nature of these issues? Currently, consultation often takes place in corridors and in corners, which is unacceptable. The many women and some men who have contacted me have spoken about the stress and animosity that Irish family law cases can cause between family members, not to mention the significant financial burden that arises. As the natural primary and fundamental units in Irish society, families - including women, children and men - deserve better.

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