Dáil debates

Friday, 12 July 2013

Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Second Stage (Resumed)

 

11:50 am

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael) | Oireachtas source

I welcome the Bill, which will improve the State's response to people experiencing violence and unfair treatment, such as emotional, physical and financial abuse. The Minister has worked extremely hard since taking office to address domestic violence in Ireland. He is the ideal person to handle this, in that he has built up a huge body of experience and expertise on the issue. He is an eminent lawyer and has been dealing with family law cases for as long as I can remember, representing women and addressing the injustices against women for many years.

I have no doubt that his vast knowledge in responding to people who have experienced injustice, domestic violence and bad behaviour is included in the reforming provisions of the Bill. Most of the provisions are important reforms of the court system. The main provisions are to amend the in camera rule in order to introduce greater transparency in the administration of family and child care law by allowing press access to courts in family and child care proceedings, subject to certain restrictions. Restrictions are very important. We will have a handle on this and there will be certain provisions in the Bill to address it.

The Bill also increases the monetary restriction limits of Circuit and District Courts in civil proceedings. A greater understanding of the trauma resulting from violence and bad behaviour is needed, as well as a need to recognise the sensitivity of family situations and address embarrassment and other additional problems, such as the various forms of discrimination which may arise. A person often goes into himself or herself after having a bad experience. It is something for which additional support services are needed to help people to cope. It is a very traumatic experience for anyone who finds himself or herself in this situation.

The Bill proposes to retain the privacy provisions in respect of such court proceedings while allowing the attendance of the bona fide representatives of the press. The courts will retain the powers to exclude or restrict representatives of the press or prohibit the publication of evidence given in proceedings in certain circumstances. This is to be welcomed.

In addition, a strict prohibition will apply on the reporting of materials likely to identify parties to the proceedings or any children to whom the proceedings relate. The Bill also aims to provide for proceedings with the need to ensure access to important information on the operation of family and child care law in our courts. The application of the in camera rule in regard to court hearings on family law and child care proceedings has given rise to a public perception that undue secrecy is attached to the administration of these areas of the law and that there is a lack of uniformity and consistency in the manner in which justice is administered.

There will be a need for the provision of extra specialist personnel to assist in this area and to recruit other professionals to provide appropriate services to people experiencing violence and financial hardship. People have suggested social workers, family support workers, community care workers and mental health workers could assist in this regard, and I have no doubt such people will come on stream. Additional costs will be incurred but to rectify the situation and improve the law the cost factor should not come into account. I thank the Minister for introducing the Bill.

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