Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I appreciate the opportunity to speak on the Courts and Civil Law (Miscellaneous Provisions) Bill 2013. I welcome the debate on efforts to reform and introduce positive change to the justice system. It also gives us a chance to take a critical view of the flaws and weaknesses of the justice system. At the same time, we aim to ensure fairness, justice and equality in the system and particularly in terms of the urgent need to protect children. Ireland is a great country for talking about children's rights and holding referendums, but we need to focus on implementation and delivery to children who need them most. This is relevant to today's debate.

It is why I support the legislation.

Many children are at risk in dysfunctional and violent families and are living in severe poverty. Many of us believe not enough is being done, in a realistic way, for these children. That is something on which we should focus when we talk about the legislation, and I will return to the details of the Bill in a moment. Children living in very dysfunctional, poor families are experiencing considerable poverty and yet the response of the system to them and to the implementation of safeguards for them is sometimes very inept while at other times, slowness is often the issue.

How can anyone expect a four or a five year old child to be normal or natural when he or she lives in a home where there is domestic violence, drug-fuelled rows or alcohol abuse and is left on his or her own for hours due to alcohol abuse? That is something on which we should focus. Their beautiful childhood innocence is blown out of the water and later on in life, we see the horrific consequences of that. I know this from working in a school in a disadvantaged area for more than 25 years. I will never forget the look on the faces of four or five year olds when somebody forgot to collect them at 3 p.m. because of major issues in their dysfunctional families. Teachers and social workers had to look for nannies, uncles and grandfathers to assist the family. If we do not intervene early, these children's lives will be destroyed and they will end up in very dysfunctional situations themselves. As the Minister knows, Mountjoy jail is full of the products of some of these very dysfunctional and violent families. We must get these children out of that environment. It must be done early and that must be our priority. Lack of action can lead to horrific consequences for children. This is urgent and the need for professionalism must be top of the agenda.

To return to the legislation and the issue of care orders and the broader system, under the Child Care Act 1991, the HSE has a statutory duty to promote the welfare of children who do not receive adequate care and protection. Applications can be made to the courts under a range of care orders, such as emergency care orders, interim care orders, care orders, supervision orders, interim special care orders and special care orders. How does that break down in reality? In 2011, some 2,287 care orders were granted while in 2010, the figure was 1,046. There was a 50% increase in the number of care orders granted between 2010 and 2011. We have to focus on that issue.

The implementation of legislation and of services is the constant flaw in the system. We have seen many cases of child abuse and neglect which have been ignored and have eventually ended up in the courts. Everybody is forgetting about the real issue which is that a good quality health service, linked to the education service, can get in early and save those children before there is abuse and dysfunctionality. Otherwise, we end up with our prisons full.

To return to the detail of the legislation, the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 allows the press to attend and report on family and child care cases. This is subject to the protection of the identity of parties to the proceedings and children. The courts may restrict access to the hearings and prohibit the publication of evidence in order to protect identities, which I strongly support. The Bill also raises the monetary amounts which the District and Circuit Courts can award.

The Courts and Civil Law (Miscellaneous Provisions) Bill 2013 deals with a number of important measures, which the Minister and many Members of this House want to see dealt with. The first measure is the amendment of the in camerarule in family law and child care proceedings in order to produce greater transparency in the administration of family and child care law, which is the positive thing about this amendment. It is important to have transparency in the administration of family law but we also must ensure fairness, equality and justice. The Bill allows free access to the courts in family and child care proceedings, subject to certain restrictions and prohibitions. I strongly support that because we must be very sensitive in many of these cases. The identity of parties or children involved in these particular cases must be protected.

The second measure is the increase in the monetary jurisdiction of the Circuit and District Courts in civil proceedings. The third measure is the appointment of two additional Supreme Court judges, which I welcome, because the Chief Justice drew attention to the critical situation in regard to delays in the Supreme Court and the Court of Criminal Appeal in a recent speech. I agree with the decision of an interim solution of the appointment of two additional judges to the Supreme Court which will bring the total number of judges, including the Chief Justice, to ten.

The fourth measure in the legislation amends the Juries Act 1976 to make provisions for juries in lengthy trials. The Bill provides for additional jurors in respect of trials likely to take more than two months. This provision is particularly urgent as it is anticipated it may be required for lengthy trials due to start early next year.

The fifth measures amends the Coroners Act 1962 and the Civil Legal Aid Act 1995 to provide for legal advice and legal aid in regard to certain inquests. The sixth measure amends the Bankruptcy Act 1998 and the Personal Insolvency Act 2012 to provide for the transfer of some of the functions in regard to bankruptcy from Courts Service to the Insolvency Service of Ireland.

I heard some of my colleagues refer to a number of very important issues, including child care and the rights of children. It is important to point out that there are major weaknesses in our justice system, which must be dealt with. The rights of fathers are often forgotten. I take the point that some fathers are not particularly good about supporting families in cases of separation. We have all come across those types of situations in our constituency clinics but we also hear from fathers, in particular, that there is not enough equality in terms of access to their children and family situations. It is important we do not forget them in this debate. While the two parents should be treated equally and with respect, they also have very serious responsibilities. It is important to say that because its seems the fathers of children and their rights are not being respected in our society.

The Bill provides that the press will generally be allowed to have access to family law cases and to report on them. However, judges will be able to prohibit press access where they are satisfied that it is in the interests of justice not to do so, which is sensible, and it is necessary to preserve the anonymity of a party to proceedings or any child to whom the proceedings relate. In these situations, the court can exclude or restrict the press from hearing and prohibit the publication or broadcasting of any evidence. The issue of press reporting is important. We have all read about some horrific cases in recent years and it is important they receive sensible, sensitive and balanced reporting. It is important to remember that families and children are always affected. Some families often end up in a horrendous situation when they find themselves on the front pages of the newspapers because of a particular family law case or a particular incident concerning the family. We saw that in recent days.

One of my constituents, poor Mrs. Dunleavy, was murdered in Scotland. Members of the press must be sensitive to families and realise they are hurting and must be treated with the maximum of respect.

Under section 5, the court may, under certain circumstances, prohibit or restrict the publication or broadcasting of any evidence, or any part of such evidence, given or referred to during the proceedings. The court will also have due regard to the best interests of any child to whom the proceedings relate. This is a welcome provision. The court must also have regard to "the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned". It is important to recognise this when dealing with such circumstances, which frequently involve children. I have a particular interest in intellectual disability and I am pleased to note the courts will be required to have due regard to their needs. Section 5 also provides that a court will have regard to "whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings". This is also important.

Overall, the Bill will relax the rules relating to members of the press attending and reporting on family law and child care cases. Strictin camerarules in such cases have been repeatedly criticised as being contrary to the idea that justice must be done in public. We all agree on this point. Rules that were intended to ensure privacy in sensitive cases have resulted in family law and child care cases being almost secret. The Bill provides that the media will generally have access to family law and child care case proceedings but members of the public will not be allowed to attend such proceedings.

The Bill contains certain provisions intended to ensure the privacy of those involved in family law and child care proceedings is protected and individuals cannot be identified. The courts can prohibit access to certain cases or the reporting and publication of certain evidence. This legislation is welcome because reform and change are required. The system must be transparent while also respecting and protecting the rights of children and citizens in general. I am grateful for the opportunity to speak to the legislation.

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