Mattie McGrath (Tipperary South, Independent) | Oireachtas source

I too would like to give my comments and views on the Bill.

The changes in the Bill relating to private hearings will be commonly described as relaxing the in camera rule. However, the Bill adds to the list of cases that must be heard otherwise than in public but which bona fide representatives may attend as long as nothing that might the identify the parties is published. There is a slight technical difference between cases heard in camera and those heard otherwise than in public, but it is not relevant to this legislation. The amendment will essentially allow for court reporters to publish accounts of family law proceedings, including applications for domestic violence orders, although judges will retain the power to exclude the press in certain circumstances. Interestingly, a judge will have the power to exclude the press from hearing evidence that may contain commercially sensitive information.

Justifiably or otherwise, this provision is likely to be relied on in many family law cases, and I wonder about that. The aim is to increase public confidence in the judicial system by partially removing the veil which often hangs over such cases.

The Bill will increase the amount the courts can award. It increases the amount the District Court can award from the current €6,348 to €15,000, which I welcome. For amounts in excess of that figure, the Circuit Court will hear cases in which awards can be made to the value of up to €75,000, up from €38,000. For awards in excess of that amount cases will be dealt with in the High Court. This will have the effect of reducing legal costs, for which we all hope. As a rule of thumb, the higher the court, the higher the cost. By bringing more cases into the lower courts, the cost of those cases will be reduced and the burden of the High Court lessened. That is what we hope and expect to see.

The Circuit Court will have jurisdiction in personal injury cases only to an award maximum of €60,000, for which the Minister's justification is: "As a further measure to deal with concerns relating to possible inflation of awards and a consequent effect on insurance costs, I am proposing to restrict the jurisdiction of the Circuit Court to €60,000 in respect of personal injuries claims". I wonder if the insurance lobby lobbied for this lower limit. The Minister might tell us when he replies. In 2002 the Government changed the law to increase the maximum award in cases within the jurisdiction of the District Court to €20,000 and that for cases in the Circuit Court to €100,000. The relevant sections of the Courts and Courts Officers Act 2002 were never commenced or activated on the basis that the Government wanted to monitor the impact of the Personal Injuries Assessment Board. I wonder why that was. The Government is now increasing such jurisdiction by only 75% of what was proposed in 2002.

The move towards greater transparency in the reporting of family law cases is a good one. There has been far too much secrecy and, at times, this has unnecessarily undermined people's faith in the system. It is good to have more reporting. However, it is important that this be done in a responsible way, that there be adequate protection for privacy and anonymity in sensitive family law cases, and that members of the press who report such cases abide by these principles and ensure that any reporting in child protection, divorce and other sensitive family cases is appropriate, respectful and done in a responsible way.

I have issues with regard to the Coroners' Courts. Some regional newspapers do not report cases from these courts at all, while others go into the nitty-gritty. There is the upsurge in suicide, an issue on which I have been campaigning with Trudi Lalor. The Minister himself will admit this is a very sensitive issue and that it is unnecessary to have every minute detail of what may be a very sad and tragic occurrence replayed in the newspapers. The issue should be considered sensitively and humanely. Is the Minister aware of any progress in regard to a code of conduct for the press? We need that.

The Minister is courting the press a great deal lately on a personal basis, selling his book. I happened to hear him on the John Murray radio programme, talking to Miriam O'Callaghan. I wonder if the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, has any questions for him on this. It is downright abuse of the public airwaves to have the Minister promoting his book while he refuses to answer questions about important issues in this House. It is a degrading abuse of his position.

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