Dáil debates

Tuesday, 24 May 2022

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Departmental Priorities

9:30 pm

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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4. To ask the Tánaiste and Minister for Justice and Equality the progress that has been made to date in implementing recommendations of the report of the Oireachtas Joint Committee on Justice and Equality on reform of the family law system; and if she will make a statement on the matter. [26527/22]

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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I ask the Minister for an update on the progress to date in implementing the recommendations of the report of the Oireachtas Joint Committee on Justice and Equality on reform of the family law system. Further, I ask the Minister whether she could or would consider moving the family law court hearings to a dedicated private sitting on a specific day, or to a separate location from the general District Court sittings.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I thank the Deputy for raising the issue. Delivering family justice more effectively is a priority for me and is a major element of my Justice Plan 2022. The report of the joint Oireachtas committee, to which the Deputy referred, made 38 recommendations across a range of areas in family justice relating to the family court structure; the specialisation and training of professionals, lawyers and judges; resourcing; transparency; and the voice of the child, which is at the centre of everything that we do. Key among these recommendations was the introduction of legislation for the establishment of a dedicated and integrated family court within existing court structures. As the Deputy mentioned, it was not necessarily recommended that we have a completely different court structure, but hubs within the current structure where there would be dedicated family law sitting days. Some would sit in the same court structures and buildings that we have currently, and some would fit into others. However, they would be completely separate, with sittings on specific days. The programme for Government contains a commitment to enact a family court Bill to create a new dedicated family court or hub within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes in specialised centres. What is really important here is that families deserve time. They are not getting that time at the moment, because our District Courts, in particular, are so busy. There might be time at the end of what has been a very difficult and long day for a judge. Families also need continuity. It may be the case that the family turns up and a different judge is hearing the case who has not heard it before, and does not have time to go through the details of it. We also need to ensure we have specialist training so that judges who are dealing with people know and understand the different challenges that families are facing. In September 2020, Government approved the drafting of a family court Bill along the lines of the general scheme, which has been published. Drafting of the Bill is ongoing with a view to publishing it as soon as possible. The intention is that it will be published before the summer recess. We want to get the process moving as quickly as possible. The family court Bill will make provision for the establishment of a family court as divisions within the existing court structures, as I mentioned, providing for a family high court, a circuit family court, and a district family court, each dealing with family law matters as appropriate to its jurisdiction. We want to reduce, as much as possible, the number of cases going to the higher courts. The costs incurred by families are astronomical.

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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I welcome the fact the family court Bill will be published before the recess. The Minister has captured the essence of what the problem is. The family law system in Ireland, as it currently stands, is archaic. My difficulty - and the message I get from my constituents - is that those attending their local District Court on family law matters are obliged to sit in the court where there are a multitude of people on a variety of charges, including criminal charges. While the family law cases are heard in private, the very presence of the parties in the court is public. That can be very traumatic for reasons that are quite obvious. The least that people deserve, when they are attending court on a family law matter, is that their case will be heard in private, and that they have the privacy required.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I absolutely agree. Unfortunately, when it gets to a court setting, there are situations where the process has most likely become adversarial, and in many cases - although, not always - other avenues, such as mediation, have been tried. Before Covid, people would sit across from each other in tight spaces, many of whom would be waiting all day for their case to be heard. At the end of the day, the case may be adjourned. Therefore, it is really important we have specific sittings, potentially in a different building or room from other court sittings, or on different days or times from other court sittings. That will be provided for specifically in this Bill. We are also engaging with the Courts Service on the operational aspects of the intended approach to the overall family justice strategy. Separate from this legislation, which is specific to the structure of the courts, there is a family justice oversight group that is chaired by a senior official from my own Department. The group has engaged significantly not just with the legal profession, but with family representative groups. There has been special engagement with children through Tusla. We have identified not just the actual physical infrastructure, but the ancillary supports and the type of supports required, including mediation, psychological supports, or even just ensuring that family members can get a cup of tea or food when they are in the courts. All of it needs to be considered to make it as family-friendly as possible.

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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I thank the Minister. I acknowledge the fact that both the Minister and the Minister of State, Deputy Browne, are making reforms and are progressive. They have taken a lot of very positive initiatives in the Department to date. I am glad that the Minister has acknowledged that the current system is failing people. The District Courts are overcrowded. It takes an unreasonable amount of time for cases to be heard. Due to this pressure, District Court judges simply do not have the time required to deal with in-depth and sensitive family law cases. We should note that since the amalgamation of smaller local courts into bigger District Courts, the criminal case lists have become unmanageable, despite increased sittings. As we know, family law matters take time. That time is simply not available under the current system. These cases require a separate and dedicated family law court, as the Minister mentioned. In conjunction with this, I ask the Minister to give people greater access to mediation. The service is currently underfunded and unavailable to many people.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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On the Deputy's final point, and it is a significant point, we need to make sure that the system is well resourced. We can introduce legislation, but we also need to ensure that the structures and the judges are in place. I believe that in the Deputy's own county recently, a number of sittings had to be cancelled simply because the judge was sick. We need to ensure that through the separate process that is currently under way to look at judicial numbers, the system is resourced in the way that it needs to be. Separate from that, we must ensure it is not all about courts. As I said at the outset, by the time cases get to court, the process is adversarial for many people, and gets even worse. Cases cost people a lot of money, can be delayed and can take a lot of time. The family justice oversight group and its recommendations will place a particular focus on mediation and putting the child at the centre of the process. Obviously, bringing a child to court is very difficult. That, in itself, has implications. It is about trying to do everything that we can to prevent cases from getting to the stage where they are heard in court, while acknowledging that we cannot prevent all cases from getting to that stage. The legislation will be important. We must ensure that the legislation is resourced and the courts are identified across the country so that people have equal access, depending on where they are and where they live, so that they do not have to travel too far. We must also ensure that we have enough judges who are trained and who can deliver in this specific area. I thank the Deputy for his question.