Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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As the Minister knows, no justice system is perfect and delays in family court hearings, with the consequent negative impact on women and children in particular, is an Irish scandal. I have been approached by a number of constituents, leading family solicitors and women's organisations, all claiming there is a serious backlog in maintenance applications.

The picture being painted by the people in contact with me is of a system in complete disarray, with many women and children living in poverty and on the edge. Several women have stated that they feel they are being gagged by the family law courts. They are frustrated that they are not allowed to speak out. I appreciate that family law cases are held in camera and I respect the rule but it can be manipulated against the applicant, and often legal people can get away with very unprofessional behaviour while still charging top dollar.

I would appreciate if the Minister could reply to the following questions. Is it correct that women and children are being left to wait for up to one year for hearing dates for emergency maintenance applications in the family law courts? These women often do not know where they will get money to pay for basics like food, clothing and doctor bills. How many judges short is the District and Circuit Court system, and is it true that criminal cases take precedence over family law cases? Are judges of the Circuit Court, in Dublin particularly, being regularly seconded from urgent family law hearings to sit in the criminal courts?

Is it correct that a judge was recently taken from the family law Circuit Court hearings at Phoenix House in Dublin to hear the high-profile prosecution case of a former personal assistant to a millionaire? That was done at the expense of hundreds of maintenance and other family law-type hearings. Is it true that even when dates are given for family law case hearings, particularly maintenance applications on behalf of women and children, these cases are repeatedly adjourned? Why is that? Why are cases being listed for hearing and expensive legal teams being brought to court when it is clear those cases will not be heard? Women seeking maintenance often emerge from family law court hearings that have been adjourned with a hefty legal bill and no maintenance payments.

What is the timeframe for the hearing of maintenance cases at Phoenix House family law Circuit Court in Dublin? Will some form of emergency interim system be put in place to address the thousands of unheard maintenance applications, where women and children are being left on the poverty line while the husbands are allowed to do whatever they want with their salaries until the cases reach the court? What is the extent of the backlogs in family law hearings in each of the courts?

Will adequate consultation facilities be provided in family law courts in recognition of the sensitive nature of these issues? Currently, consultation often takes place in corridors and in corners, which is unacceptable. The many women and some men who have contacted me have spoken about the stress and animosity that Irish family law cases can cause between family members, not to mention the significant financial burden that arises. As the natural primary and fundamental units in Irish society, families - including women, children and men - deserve better.

Alan Shatter (Dublin South, Fine Gael)
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The Deputy has raised an issue that has been a concern of mine for many years. The difficult reality is that we have within our courts system no separate court to deal with family law matters, unlike the separate unified system of family courts in Australia. Within the District and Circuit Court there are separate court sittings dealing with family law issues, and the High Court sits separately to deal with family law applications.

In the context of the issue raised by the Deputy, I am not aware of there being "thousands of maintenance cases", so described, in which women are awaiting emergency maintenance orders sitting in a court backlog. I am not aware either that if there is a need for emergency maintenance, it would take a year for a determination to be made. If the Deputy has particular cases where that has occurred, I ask her to draw them to my attention or table a question on the timeframe.

I am aware that in the District Court it may take a number of weeks if not some months for maintenance cases to be determined. Where there is a need for emergency maintenance within the courts, there are procedures for the making of an application for what is known as interim maintenance and for interim maintenance orders to be granted. That applies across the courts system.

I share the Deputy's concern with regard to what is known as the in camera rule, which was put in place many years ago to ensure that those who experience family difficulties may have their family law proceedings determined in circumstances of anonymity and that they are not in any way intimidated out of taking matters to court because the family story might appear in the newspapers to the embarrassment of the people in question or the detriment of their children's welfare. The in camera rule means there is little public knowledge of the manner in which family cases are determined within the courts system, and there is no transparency in the manner in which members of the Judiciary deal with family matters. The Circuit Court particularly deals with a substantial majority of the separation and divorce cases, and the District Court deals with an overwhelming majority of the maintenance and barring order cases. There is no repository of judgments delivered by members of the Judiciary detailing the approach taken by them in applying the very detailed legal principles of relevance. It is my intention to introduce legislation to provide for reform in this area so we have greater transparency in family court proceedings with the possibility of reporting while still protecting the anonymity of the individuals engaged in such proceedings.

The Deputy is aware that as part of the programme for Government we provide for a unified system of family courts the nature of which we do not have in the State at present. The establishment of such courts is crucial if we are to ensure family law is addressed in a manner that is appropriate in the 21st century and provides the courts with the standard backup services dealing with child welfare issues such as are available in other jurisdictions and which perhaps replicate what is available in the family court system in Australia. I am happy to tell the Deputy initial work has been completed in this area and I expect to make an announcement shortly having made certain proposals to Cabinet. If we are to establish such a unified family court system it will require a constitutional referendum and it is anticipated this referendum will take place some time during 2013 when the more detailed work required in the area has been completed.

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I thank the Minister for his comprehensive answer. I will table parliamentary questions on the delays on maintenance. I thank him for introducing legislation on family courts, particularly with regard to the in camera rule.

The criminal justice system has the potential to make criminals out of victims. In particular I ask the Minister to examine the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Bill which will make it an offence to withhold information. Often in circumstances of domestic violence the mother lacks the capacity or courage to report the abuse of her child. This rule should not be applied too rigidly in domestic violence situations. I accept it is the job of parents to protect their children but for some women this is not possible. A woman who has been the victim of domestic violence often cannot protect herself or her child. To apply this rule too rigidly would make criminals out of mothers. I am also concerned that abused women will stop seeking advice from support groups such as Women's Aid or their friends and family. People will keep their situations secret to avoid reporting.

In the past the Probation and Welfare Service worked with the District Court family law courts. The relationship between the probation services and the courts ceased and no other agency was put in place to deal with these issues. As a result judges are often placed in an impossible situation. They need to determine the issue of access without the views of the child being heard. To make matters worse, if an order for access is not being obeyed it is the mother's fault. The mother is summoned before the court and may be committed to prison for breaching the order, again making a criminal of the victim.

Alan Shatter (Dublin South, Fine Gael)
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The Deputy has now raised two entirely different issues to the issue with which she opened and I hope to have the time to respond to them for fear misinformation outside the House may cause concern.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Minister has only two minutes.

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Bill is under consideration by the House with Report and Final Stages to be considered tomorrow. The primary purpose of the Bill is to ensure there is an obligation on persons who have knowledge of all serious offences, including sexual offences against children or vulnerable adults, to inform the Garda. In drafting the Bill I also have to be very mindful of the fact that the balance of evidence suggests the majority of abuse of children or vulnerable adults takes place in the person's own home. The Bill applies to all persons, to all organisations and to all sectors of society. It is very important that we produce legislation that affords protection from abuse to children or vulnerable persons, in any scenario or in any location. This is what the Bill is about. It also must be borne in mind that existing provisions in the criminal law for the protection of children continue to apply. This includes section 176 of the Criminal Justice Act 2006 which makes it an offence for a person with authority or control over a child, such as a parent, to intentionally or recklessly endanger a child by causing or permitting a child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse. I therefore do not believe that the Bill significantly alters the responsibilities of a parent under the law. However, the Bill also establishes some limited defences for persons such as a parent or guardian or medical professional who, acting in the interests of the health and well-being of the child or vulnerable person, fails to make a report to the Garda. The Bill also includes a defence of reasonable excuse. This provision would cater for the type of situation referred to by Deputy Mitchell O'Connor where a parent may also be a victim of violence and may be too frightened and intimidated by a violent partner to go to the Garda. The Members of this House are aware the Bill is an important provision in the suite of legislation we are bringing into force to protect children.

The Probation Service, known as the Probation and Welfare Service many years ago, provided child welfare reports to the District Court to assist District Court judges make decisions on issues relating to custody and access. Unfortunately, many years ago the then Government ended this function of the Probation Service. There is a gap in the District Court and Circuit Court systems in that I believe the courts require the assistance which can be provided by child assessments in making determinations in this area. It is an issue that will be addressed in the context of the legislation to establish family courts. It will be a difficult issue to address in the context of the limited resources currently available. However, I am determined to address the issue and ensure the gap which exists in this area is adequately filled during the lifetime of the Government.