Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Fianna Fáil will also be supporting the amendment accepted by Seanad Éireann. I also put on the record that I agree with what the Minister has said in respect of correcting the text and moving around the proposed amendment within the body of the Mediation Bill.

The amendment that has come from Seanad Éireann seeks to ensure that a solicitor or barrister, when advising their client about mediation, recognises that it may not be appropriate in certain instances. In fairness to the draft legislation that went through this House previously, it is recognised that the Act shall not apply to proceedings under the Domestic Violence Acts and under the Child Care Acts. The Domestic Violence Acts deal with issues where there is domestic violence. It would be wholly inappropriate for mediation to apply in that context. Similarly, under the Child Care Acts, there are provisions such as section 12 and other provisions dealing with instances where children are to be taken into custody. In those instances, it would also not be appropriate.

One argument would be that on the reading of the Bill as it is at present, it is unnecessary to make the amendment but, nonetheless, there is a benefit in putting an obligation on a solicitor to ensure that if he or she believes it is not an appropriate means of resolving the dispute because of a threat to the safety of the client or the client's children, this should be so advised by the solicitor. Even if this provision was not contained within the Mediation Bill, any competent and reliable solicitor would recognise that it would be important to advise the client of those particular circumstances.

We will support the amendment. It is hoped we can now move quickly to get this legislation passed through both Houses of the Oireachtas. It is important to recognise, however, that notwithstanding the fact that the amendment probably covers issues that would be referred to as family law issues, mediation is something that should be availed of by practitioners within family law. It is much more appropriate for people who are married, getting separated or divorced if they try to resolve their differences between themselves with the benefit of mediation rather than having to have a court imposed solution. One may never get exactly what one wants in every respect, but it is far better if there is an agreement as opposed to an imposition of a solution on the parties. We will be supporting the amendment.

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