Aindrias Moynihan (Cork North-West, Fianna Fail)
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124. To ask the Tánaiste and Minister for Justice and Equality for the up-to-date position on the roll-out nationally of distinct family law courts; and if he will make a statement on the matter. [24875/25]

Aindrias Moynihan (Cork North-West, Fianna Fail)
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Ar an gcéad dul síos, déanaim comhbhrón le muintir an Gharda Kevin Flatley, a maraíodh go tubaisteach fad is a bhí sé ag freastal ar a phobail.

The need for more suitable family courts has been well recognised. The Family Courts Act 2024 was a significant milestone in bringing about a much more appropriate system. Can the Minister outline the planned roll-out and implementation of the new family courts?

Niall Collins (Limerick County, Fianna Fail)
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I, too, express my sincere sympathies and condolences to the family of Garda Kevin Flatley on the truly horrific circumstances of his passing. I attended Henry Street Garda station in Limerick earlier on this week to sign the book of condolences and spoke to the Garda chief subsequently to convey our feelings and thoughts to his colleague and the Garda community up and down the country.

I thank the Deputy for his question. The Department is leading an ambitious programme of reform outlined in the first family justice strategy, which sets out a vision for a system refocused on the needs and rights of children, who are central to many family justice matters. The implementation of more than 50 actions across nine goals contained in the strategy will lay the foundation for this reformed system. One will assist families to resolve their family justice issues in as straightforward a manner as possible.

The Family Courts Act 2024, which was passed in both Houses of the Oireachtas last November, is a key component of the strategy. The legislation provides for the establishment of family court divisions within the existing court structures: a family high court, a family circuit court, and a family district court. Judges who have specialist training or experience in dealing with family law matters will be assigned to the family courts divisions on a full-time basis.

Importantly, the Act contains a set of guiding principles for the family court system, making the best interests of the child a primary consideration in the conduct of all family law proceedings, operating in an efficient and user-friendly manner and encouraging active case management by the courts.

As committed to in the programme for Government, the Minister, Deputy O'Callaghan, intends to publish an implementation plan for a new family court system by the end of January 2026. He has established an implementation team within the Department which is currently concluding a period of initial stakeholder engagement. This has included an interactive workshop at the recent Family Justice Development Forum, which provided an opportunity to gain further insight into the perspectives of a broad range of family justice stakeholders on the development of an implementation plan.

Alongside this work, preparations are in train for the construction of a purpose-built family law court complex on Hammond Lane, in Dublin.

Aindrias Moynihan (Cork North-West, Fianna Fail)
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The Family Courts Act 2024 represents a radical change or overhaul of the system, possibly the biggest in over a century. I understand it will not be an instant, overnight change being implemented, but it would be a reasonable expectation that there would be a planned roll-out and a pathway to do this. I heard the Minister of State say that the Minister plans to publish on that by next January. Have the necessary commencement orders been made at this point? Also, as regards the people who will operate these new courts, will training be provided for courts staff and judges, and would the Minister of State see them as being dedicated to the family law service or shared back and forth with the existing system?

Niall Collins (Limerick County, Fianna Fail)
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As regards judicial resourcing, the Judicial Planning Working Group was established in 2021 in line with the previous programme for Government and submitted its report in February 2023. This led to the appointment of 24 additional judges in 2023 and Government approval for the appointment of an additional 20 judges in October 2024. The Minister, Deputy O'Callaghan, intends to request the Judicial Appointments Commission to initiate the selection processes for these judges later this year. Taken together, these two sets of appointments represent an increase of approximately 25% in the number of judges in Ireland.

As regards the specialisation, which the Deputy queried, the Family Courts Act provides for the new positions of principal judges of the family high court, the family circuit court and the family district court to be created as specific assignments. The principal judge of each of the family court divisions will manage the business of each of those divisions.

Aindrias Moynihan (Cork North-West, Fianna Fail)
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Clearly, it will take time to get all that up and running. In the meantime, there will be people still looking to use the current family law courts system. Is it planned to make improvements to the existing system while the new courts are being established? Also, have the necessary commencement orders for the new Act been made?

Niall Collins (Limerick County, Fianna Fail)
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I will revert to the Deputy on the commencements.

Our intention is to ensure that the new family law courts are sufficiently funded. The Minister, Deputy O'Callaghan, is very conscious of the need to resource the new family law courts system and we are committed to ensuring that it is properly funded to deliver meaningful reform. In budget 2025, the Department of Justice allocated an additional €11 million to the Courts Service, €3 million of which is earmarked for the children's court advocate project, which will support children in their journeys through private family law proceedings and provide information ensuring that their voice is heard.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I wish to ask a supplementary question to Deputy Moynihan's question. It is in respect of an issue that has arisen for many domestic violence survivors who are having difficulty in accessing civil legal aid, those who perhaps want to take out a barring order against an abuser. They have a civil legal aid certificate but are not able to secure representation because, quite frankly, solicitors will not work under the terms that are in place. People who work in this area tell me there is a particular problem, an anomaly, whereby somebody who is in that position has to go to three separate solicitors and get refusals before they can go back to the Legal Aid Board. Anecdotally at least, people simply give up and go back to the situation they were in. Does the Minister plan to revise or review the fees that are in place, perhaps creating an additional payment for additional court appearances? Quite simply, the issue needs to be addressed.

Niall Collins (Limerick County, Fianna Fail)
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The Deputy is right about the issue he has raised. It is something I and the Minister, Deputy O'Callaghan, and indeed the Department, are aware of. It is my understanding that a submission is being made to the Department on that and it will be given due consideration. We do recognise it absolutely as a serious issue.