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Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: I would like to ask Dr. Shannon about the recommendation that the family law courts should be changed so we have more specialist judges. Many people who have come before us have said that. Does he think we need constitutional change for that to happen, as was suggested by the former Minister for Justice and Equality and former Deputy, Alan Shatter, or does he think we just need instead to...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: Regarding the Commercial Court, changes in that context occurred without any constitutional or legislative change. There was just a change in the rules of court. Does Dr. Shannon think it appropriate, as in the case of the Commercial Court, that the family law courts should play some type of filtering role in deciding what court a case should be heard in? I say that because at present...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: Just to confirm with Dr. Shannon, in respect of identifying the voice of the child, does he think we need further legislation specifically setting out the type of medium through which the voice of the child can be heard?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: I also thank Ms Barry and Ms Lord for their attendance. I was not surprised but it is worth noting that the highest level of queries which FLAC receives is in family law. I was also disturbed to hear that people in Blanchardstown and Finglas have a waiting time of up to ten months. What happens if a woman contacts FLAC and is looking for advice on an urgent family law issue? Can FLAC...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: The greatest theme in FLAC's submission is that legal representation needs to be much better resourced by the State.

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: Presumably a person coming to FLAC for advice on family law issues will know virtually nothing about the processes and procedures involved, and the options available to the courts, and consequently will be at a complete loose end when they come to FLAC.

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: Is there anywhere where such a person can find information such as that at the end of the process, the likely court order will be that one parent will be given custody and another perhaps given access or the options by which the matter can be resolved? Is that available?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: That is a good point.

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: The ideal solution would be if people could resolve their disputes amicably but that does not happen in most situations, which is why people feel compelled to go to court. I wish to ask Dr. Burns about the in camera rule. I was interested to hear him say it has a chilling effect on research. In practical terms, does he think that it is preventing academic research and publication on what is...

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: Do we need legislation clarifying the extent of the in camera rule?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: Dr. Burns's submission also referred to the lack of consistency between courts. Does thein camerarule contribute to the lack of consistency between courts?

Joint Oireachtas Committee on Justice, Defence and Equality: Reform of Family Law System: Discussion (Resumed) (13 Mar 2019)

Jim O'Callaghan: In trying to achieve consistency, beside the in camerarule would it benefit if court presidents issued guidelines? How can we achieve greater consistency? Certain judges assess the voice of the child or attain the voice of the child differently from other judges.

Ceisteanna - Questions (Resumed) - Ceisteanna Eile - Other Questions: Direct Provision System (12 Mar 2019)

Jim O'Callaghan: 7. To ask the Tánaiste and Minister for Justice and Equality if he is satisfied with the level of security provided at current and future direct provision centres; and if he will make a statement on the matter. [11964/19]

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Brexit Issues (12 Mar 2019)

Jim O'Callaghan: 3. To ask the Tánaiste and Minister for Justice and Equality the position regarding the need to update the regulations that govern the jurisdiction of courts in civil and commercial matters following the departure of the United Kingdom from the European Union; and if he will make a statement on the matter. [12315/19]

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Proposed Legislation (12 Mar 2019)

Jim O'Callaghan: 1. To ask the Tánaiste and Minister for Justice and Equality his plans to amend the Succession Act 1965 to ensure that perpetrators or their families cannot benefit in cases of familicide; and if he will make a statement on the matter. [12314/19]

Written Answers — Department of Justice and Equality: Victim Support Services (12 Mar 2019)

Jim O'Callaghan: 25. To ask the Tánaiste and Minister for Justice and Equality the position with regard to the release of information pertinent to cases of familicide by organisations with relevant knowledge; if a review will be conducted of barriers to provide information for families of victims of familicide; and if he will make a statement on the matter. [11960/19]

Written Answers — Department of Justice and Equality: Prison Staff (12 Mar 2019)

Jim O'Callaghan: 33. To ask the Tánaiste and Minister for Justice and Equality the destinations of prison officers to be recruited in 2019; the number required to replace retired officers; and if he will make a statement on the matter. [11963/19]

Written Answers — Department of Justice and Equality: Prisoner Data (12 Mar 2019)

Jim O'Callaghan: 36. To ask the Tánaiste and Minister for Justice and Equality if a report will be commissioned on the extent to which persons with a care history are represented within the prison population. [11961/19]

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Committee Stage (Resumed) and Remaining Stages (6 Mar 2019)

Jim O'Callaghan: Amendments Nos. 56 to 58, inclusive, are unnecessary. Sometimes adding more words to a statutory provision has the effect of narrowing the meaning of that provision. There is a general assumption that the more words one uses, the broader the definition becomes whereas, in fact, it can become narrower. I am concerned that were we to add to section 3A the words suggested by Deputy Ó...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019: Committee Stage (Resumed) and Remaining Stages (6 Mar 2019)

Jim O'Callaghan: The Government's proposed amendment of section 14 of the 1965 Act is appropriate and regrettably, necessary in the context of us facing a no-deal Brexit. One of the great achievements of the EU has been the European arrest warrant, which enables countries to apply for the extradition of persons from other countries in order that they can be held accountable for criminal acts that they...

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