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Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: I thank all of our guests for attending. I wish to make them aware of the process involved here. We are going to produce a report but, obviously, this is an area of some complexity, which is why we need outside expertise to assist us in preparing that report. There is a lot of agreement between the witnesses here on some fundamental areas. However, it is also worth pointing out that...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: In Mr. Walsh's practical experience, if there is a dispute involving a couple who have five children, for example, and the children are capable of having their views ascertained, how is that done? Is it done through affidavits signed by the children, or by giving oral evidence, or by expert reports?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: There is no consistency across the board as to how the view of the child is ascertained.

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: Am I correct that the constitutional provision, which we all support, and the basis of its legislative enactment have made family law proceedings longer, more expensive and more complicated?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: The failure is that we have not resourced the system sufficiently to take on board our extra responsibilities as a result of a constitutional change. On the costs, sometimes there is an option in respect of litigation but in family law one does not really have an option. Ms. Coughlan spoke about the delay that exists for people who simply cannot afford lawyers. How does she regard the...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: What can be done to change that? Should the Legal Aid Board have greater resources?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: Are State-funded mediators available to people in family law proceedings?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: With family law proceedings, any time anybody goes to court in a non-criminal context, I suppose the best solution is for the parties to sort it out themselves. Could we insert into our report a recommendation that would try to make parties in family law recognise they would be in a much better position if they could try to resolve disputes through mediation and get agreement on access to...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: I agree entirely. In fairness, the Mediation Act expressly excludes-----

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: Yes. The witnesses mentioned with respect to transparency how there could be non-disclosure agreements. Is it the case that in family law proceedings, if it was disclosed on affidavit or in evidence that there was sexual abuse or an allegation of sexual abuse against a child, it is possible this could be subject to some form of a non-disclosure agreement whereby it might not go to the...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: We will pose for a picture with the Chair.

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of the Family Law System: Discussion (20 Feb 2019)

Jim O'Callaghan: Are there practice directions similar to those issued by the High Court-----

Saincheisteanna Tráthúla - Topical Issue Debate: Light Rail Projects (21 Feb 2019)

Jim O'Callaghan: If it is the case that the proposal to dig up the Luas green line has been abandoned, I welcome that. It was a crazy proposal considering that hundreds of millions of euro were spent on constructing a very effective and popular Luas line. I ask the Minister to bring clarity to the matter because such clarity does not exist. We have read reports in newspapers. Does the Minister know...

Saincheisteanna Tráthúla - Topical Issue Debate: Light Rail Projects (21 Feb 2019)

Jim O'Callaghan: I agree with the Minister that we need to move away from designing transport projects by press release. Unfortunately, because of leaked information published in a newspaper today and yesterday, we seem to be designing transport projects by press leak. There is a legitimate public interest in the public being told if the information published in a newspaper today was correct or not....

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Second Stage (Resumed) (27 Feb 2019)

Jim O'Callaghan: Níl ach 30 lá fágtha go dtí lá an Bhreatimeachta agus is deacair é a chreidiúint ach níl aon socrú ann fós idir an Ríocht Aontaithe agus an tAontas Eorpach. Chualamar inné go mbeidh an Parlaimint i Londain ag vótáil ar cheist an Bhreatimeachta an mhí seo chugainn. B'fhéidir go mbeidh sí ag déanamh...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Second Stage (Resumed) (27 Feb 2019)

Jim O'Callaghan: Part of the reason Britain is leaving and why we are so content within the European Union is that on this island and in this country, we managed European integration much better than they did over in the United Kingdom. In this country, European integration was achieved through the co-operation and in most instances through the democratic wish of the Irish people. We voted on significant...

Joint Oireachtas Committee on Justice, Defence and Equality: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion (27 Feb 2019)

Jim O'Callaghan: I thank the Minister and his officials for coming in. One of the great successes of EU membership has been the European arrest warrant, EAW. One of the negative consequences of Brexit will be that we will not have an EAW system in place between Ireland and the United Kingdom. I note that the Minister said it is intended to operate the Council of Europe convention on extradition from 1957,...

Joint Oireachtas Committee on Justice, Defence and Equality: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion (27 Feb 2019)

Jim O'Callaghan: It is done in the UK; okay. Under the EAW system, obviously the courts are involved here. If an Irish citizen is to be extradited to the UK after Brexit, or vice versa, to what extent will the Irish courts be involved in that? Will they have any involvement or will it be a diplomatic process?

Joint Oireachtas Committee on Justice, Defence and Equality: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion (27 Feb 2019)

Jim O'Callaghan: This might be a difficult example. Irish passport holders living in Antrim or Down might travel down to this country. They are Irish citizens because of their Irish passport although they are not resident here. Would they be capable of being extradited under the European arrest warrant to other EU countries?

Joint Oireachtas Committee on Justice, Defence and Equality: Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Discussion (27 Feb 2019)

Jim O'Callaghan: Are they aware of that? They may not be aware of that, but it is one of the consequences of their Irish nationality.

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