Seanad debates

Thursday, 3 June 2004

Civil Liability and Courts Bill 2004: Committee Stage (Resumed).

 

12:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I agree with Senator O'Meara to some extent, but I diverge strongly from her in other respects. Those who encounter family difficulties which have to be resolved through the courts are entitled to absolute privacy. Reporters or members of the public are not entitled to be present, in any circumstances, at such a hearing. The Minister has rightly identified areas that need to be addressed because of inconsistencies. There may be a need to provide for those who are doing research, for example. I advocate that the Minister should take small steps, perhaps by prescribing the categories of persons who may attend and the purposes for which they may do so. If we are to broaden it beyond that, I do not agree that we should satisfy those who argue that the family law courts should be heard in public.

The privacy of the people should be the over-riding consideration. Within that, we should find a mechanism whereby the public good can be served with consistency, good decisions can be taken and any difficulties can be ironed out. I would prefer if small steps were taken now and advanced in the future, rather than major steps being taken now which might lead to many difficulties for individuals and families. If aspects of family law cases are publicised, even without individuals being named, I envisage that details which are reported will enable people in local communities to identify those involved. This will certainly be the case in rural Ireland, by which I mean everywhere outside Dublin. The need to ensure that people cannot be identified in such a way should be the over-riding consideration in any legislation in this area.

We will be satisfied if the Minister deals with the matter in the way he outlined. If the changes that are made now do not completely correct the problems that exist, we can make further changes in the future. I am afraid that if we push the boat out too far, we will cause injustices to be done to those involved in family law cases, who face stressful and difficult circumstances as it stands.

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