Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I am speaking about things that need to be dealt with, as I have a right to do, in the context of the increase in the number of judges and the issues that might be in the Bill that have been referred to in the past in House and which continue to be brought to my attention. In fact, they have also been brought to the attention of other Members of the House. I do not, therefore, intend to breach the rule concerning the courts and the separation of powers at all but I also point out, with respect, that I remember sitting in this House when there was a case before the courts. It was mentioned every day in this House. Now, theoretically, it should not have been mentioned. I believe at the time, however, that the issue was seriously in need of airing in the House, and it was. It did bring about some changes as well. I refer to cases that were recently before the courts too in respect of another dominant issue over the past couple of years. This issue had to be raised in the House while it was before the courts. The House was not responding quickly enough, so the courts did so. It was the reverse of the case I am making now.

I believe, therefore, that it is important that we recognise the job we have to do is to represent people, and this includes all the people, including those in the courts and the judges. If there is an imbalance developing in either way, then we must do something about it. I reported something which happened recently that I was not happy about to someone directly involved in a case and the response I got was a question regarding whether I was there. I had to say I was not but that my questioner was. That was the difference. I had brought this matter to that person's attention. I knew about it previously but now that person knew about it as well and it was his or her job to do something about it.

I say this because when history comes to be written it will show that in this House in the past when issues were brought to the attention of the public and then ignored, we passed legislation. One of the items of legislation we passed was to protect the rights of the child. The general theme after that was we should listen to the children. We do not, though, always listen to the children, but we must listen to the children now and there is nobody else to bring up these issues on their behalf and that of their parents, whoever they may be, in different circumstances, and into public focus. I need to know what is the way in this regard.

People in my situation will be told that we can write to so and so. Yes, we know about that option. We can write and we will get a reply, if we are lucky, six months later or it will be found there is a reconstruction of the situation in such a way that it will not look well from the perspective of the case we have made and so on. We know all about that aspect. All in all, then, I believe now is the time to add on what is necessary and to ensure that other agencies, such as Tusla, concerned with protecting the rights of children can do their jobs independently. This is what they are supposed to do. This is what they were created to do by this House as well. Generally, they do so, but not where the courts are concerned. These agencies cannot go there either. Where the family law courts are concerned, these agencies cannot go there. They cannot do their job and they are fearful of doing their job. This is the way it works.

Five years ago, I would not have had this view on the issue at all. It came to my attention, however, through various sources, when examining cases I thought were straightforward and in no way convoluted, that extraordinary decisions were being made. This is a serious situation. All in all, though, I support this Bill. I urge that consideration be given to the issues I have raised as a matter of urgency. I ask that we try to ensure that in delivering justice to all that it is seen and can be proven to be delivered to all. No restriction should be placed on the rights of mothers or the children going through the family law courts, under whatever excuse. I hope this will happen sooner rather than later. I thank the Leas-Cheann Comhairle for her indulgence, because we both feel strongly about this subject. I think we will agree eventually but-----

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