Michael Healy-Rae (Kerry, Independent) | Oireachtas source

I appreciate the opportunity to discuss this important amendment. The Ceann Comhairle will be glad to hear that I will not mention any specific case, but I wish to discuss how family law cases are mixed up with other cases. Given their constituency work, Members will appreciate from where I am coming. A family law case that comes before a court to be heard can sometimes be postponed. It might be the first case due to be heard the next day the court is due to sit.

It might be perceived that the case might take two or three hours for half a day. The people involved will be there with their legal representatives, their accountants possibly and others they have to have with them. Such individuals do not come cheap and they have to be paid for their time. Instead of being first on the list, which it should be, those involved will be informed that the case is going to take too long and that it is being postponed to a later date. That can happen on a number of occasions. The poor people to whom I refer have to be there. I do not know anybody who looks forward to going to court, except somebody who is working in the service. Whatever one's involvement, one would rather be anywhere else than inside in court.

People have the worry, anxiety and upset of getting ready to go to court. They must meet the expense of having their representatives - accountants, solicitors and maybe barristers - with them. Then, having brought everything they need with them on the day, they are informed that the case must be delayed. I am not blaming the judges but somebody is to blame. Surely a system can be put in place whereby a person can be told that his or her case will be taken first on a particular day and that will happen.

In the case of family separations, there should be some special way of these cases being heard on the day on which they are supposed to be heard. The District Court or Circuit Court could be specifically designated in this regard. I am not referring to the High Court yet. A particular time could be set aside and those involved would know when their cases would be heard. When people go to the expense of having their representatives with them, they should not have to pay them for doing nothing. There is nothing worst than being geared up, ready and inside in court and then the case not being called. That is probably the worst thing that could happen to anybody. People are so disappointed when it happens. Their stomachs are in knots days beforehand as they prepare and then the rug is suddenly pulled out from under them.

We move on then to the High Court, God protect us. The issue relating to the High Court is different and extremely serious. The delays that can occur in the High Court. Cases can be delayed and be very slow in terms of being worked through the process. I even have an issue with the times at which the High Court begins and finishes its work each day. A particular court may only sit for a couple of hours. I appreciate that there is much hidden work involved in cases but the poor people attending have to get ready and be there on a particular day and are then left standing around waiting, looking out the window, at their shoes or up at the sky and praying to God. They are an absolute pity as they wait and wait. Eventually, the case may or may not be called.

We, as politicians, should do anything we can do in order to try to alleviate the situation in this regard. Again, I am not blaming the judges. However, we should assist them by ensuring that there is a better system in place and giving them the wherewithal they need to prepare for cases by, as Deputy O'Callaghan stated, providing the resources they require and the staff they need. I appreciate that a court case is not all about hearing the evidence. There is much other work that judges must do to prepare, including being aware of the evidence that is going to be presented and reading the different letters and the doctors', legal and accountants' reports which may have been supplied in advance. There is an awful lot involved. If they need more assistance, we should give it to them.

If anything can be done by us, as legislators, to improve the lot of the various people who are obliged to go to court, namely, the users of the court system, I will stand with the Minister of State, shoulder to shoulder, any day of the week in order to ensure that it is done. We must do all we can to ensure that we take a more kindly approach to people who, for whatever reason, have to go to court. I refer, in particular, to those involved in family law cases who have to go through judicial reviews, separations and all that is involved in a marital breakup, including the division of assets, children's issues etc. Judges shoulder a great deal of responsibility and the Legislature should do anything it can to assist them. We should not just be seen to be doing this, we must actually do it.

I would appreciate it if what I have said could be taken on board and if mechanisms could be put in place to improve the system. I do not want to say that it is broken but it certainly could be improved. Any person who has had the misfortune of going through it will know what I am talking about.

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