Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

10. To ask the Tánaiste and Minister for Justice and Equality if she will consider providing dedicated family courts within the existing court structures to ensure families are placed at the centre of the family justice system; and if she will make a statement on the matter. [17787/24]

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

My question relates to the possibility of additional or dedicated family court sessions that would be afforded in order that people hearing or involved in those sensitive cases would have the maximum opportunity for the maximum privacy. Often the matters discussed are very delicate. I ask that the best service available would be afforded to them.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

As the Deputy is aware, my Department is leading a programme of family justice reform set out in the first family justice strategy, published in November 2022. The Minister, Deputy McEntee, and I have set out an ambitious vision for a family justice system of the future, a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family. The plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of more than 50 actions across nine goals, with timelines for delivery up to the end of 2025. A key component of the strategy is the enactment of the Family Courts Bill 2022, which provides for the establishment of a family High Court, a family Circuit Court and a family District Court within the existing court structures, each of which will deal with family law matters as appropriate to its jurisdiction. The family district courts will have dedicated, specialist judges to deal with family cases who will not have to deal with other civil or criminal cases.

Their work will be supported by a range of services to assist families who need to come to court. There will be extensive preparatory work in advance of the legislation coming into force to make sure the new family courts will work effectively. To ensure individual cases will be dealt with at the appropriate court level, the family district court will be able to send forward proceedings to the family circuit court where there are special circumstances in the proceedings that would make it more appropriate for the proceedings to be dealt with by that court.

Officials in the Department will meet representatives of the Bar Council and the Family Law Association this week to engage on this issue. They will also meet representatives of the Law Society in the coming weeks to discuss any concerns about the Family Courts Bill. The Bill is progressing through the Houses of the Oireachtas and it is my aim it will be enacted as soon as possible.

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

I thank the Minister of State for outlining the situation. Having dealt with many people who have been involved in various cases, as he will have done as well, I know that many sensitive matters will be discussed at those courts. The courts already recognise that in the way they schedule cases for different times, yet situations nonetheless arise on the day whereby one party will be on one side of the building and the other party will be on the other side, but they will still end up mixing with many other court users of the day. To make sure they will get that maximum level of privacy, whether the cases are heard on different days or in different buildings, that should expedited or made available. There are many issues at District Court level relating to domestic violence, maintenance or access and the buildings are not always ideal for providing that space, even with waiting rooms. It is important, therefore, to expedite this and to make such a facility available to maximise privacy for people.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

I thank the Deputy for raising this important matter relating to dedicated family law courts. He is certainly correct in that family law deals with very sensitive issues, often involving children or strenuous circumstances of extreme stress, and people deserve privacy, which in turn provides people with dignity in dealing with their very sensitive matters of family breakdown. That is why we are progressing distinct family law courts, as the Deputy has recommended, and I understand where he is coming from on this issue. When I practised family law in the old Wexford courthouse, there were the consultation rooms and in between them there was a queue for the motor tax office. That is how bad and insensitive it was, although we now have a lovely courthouse in Wexford.

I certainly hear and understand the Deputy's concerns and can assure him distinct family law courts are a priority for the Minister and me.

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

I thank the Minister of State. I might briefly move to the issue of the Circuit Court, where, for example, divorce proceedings are heard and where there tends to be some time spent waiting for those hearings to be held. Some of that might be down to adjournments but, despite that, people still often have to wait a considerable number of years for the case to go through. Having a dedicated court would allow for those lists to be processed faster and would give people an opportunity to complete their business and move on with their lives sooner. If there is any indication of a timeline for when that might be able to be progressed, the Minister of State might outline it. I understand it is a priority for him and that great energy will be put into bringing it about.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

This matter is one of many reforms being carried out by the Government, not least in the context of family law at the Circuit Court. There will be a family circuit court to deal with those special circumstances in proceedings that might make them more appropriate to be dealt with separately, and we will certainly aim to ensure that, in those circumstances where there might be a reduced family law workload for the Circuit Court with the district family law courts coming into being, there will be a ready accessibility to those family circuit courts wherever they may be sitting.