Seanad debates

Wednesday, 12 November 2003

Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages.

 

10:30 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

When the Bill was going through the Dáil last week, the Labour Party proposed a couple of technical amendments which the Minister argued were not required. My colleague in the Dáil, Deputy Costello, accepted his argument and the amendments were withdrawn. We are not tabling any today. As others have said, the legislation is non-contentious, and it is appropriate that it be addressed without delay.

Others have mentioned that the legislation is needed because there are so many demands placed on judges. Tribunals and commissions mean there is a need for more judges. I agree with the suggestion by the Minister and other Senators that we must consider alternative legislation to allow a more flexible procedure for regulating the number of judges. The need to examine alternatives to having judges head tribunals and commissions of inquiry was also raised in this and the Lower House. Will the Minister indicate if he has given the matter any further consideration and if he has considered the proposals by the Labour Party in this regard?

The Minister outlined how the problem with delays in the different courts has been improved over the past year or two. He mentioned family law, in which I have some small experience as a solicitor, although it did not constitute a large part of my work. I found I did not want to practise in it. While much has been done in this area in an attempt to make court procedures more informal, such as judges and barristers not wearing wigs, it is still a very intimidating process based on conflict. We must find some way of adjudicating on family law matters that takes a less adversarial approach and which is less intimidating to the different parties. Such an approach would facilitate the speedy resolution of cases with as little conflict as possible. I make no criticism of the judges, the family law solicitors or any of the clients involved, but since the Minister has raised it, the matter should be examined in any reform of the court system.

There is a perception among men that they are discriminated against in family law cases. This has been more publicised in recent years and many politicians will have been contacted on the matter. I find the argument difficult to refute although I do not have enough factual evidence on which to base my argument. However, when the point is made that the Government, through its policies, addresses discrimination against women, this matter should be considered in the in the context of a review of the court system.

Senator Walsh mentioned the need to consider reform of court procedures, including wearing wigs and so on. The Minister should look at many aspects, and I am sure he is doing so. I have read that in France many issues are dealt with, in effect, by judges who are basically civil servants. They deal with matters such as parking fines. Breaches of the law in respect of television licences are dealt with in the District Court in this country. I feel that such matters could be dealt with in a different forum. It is something that the Minister should examine in the working group he has mentioned.

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