Brian Lenihan Jnr (Dublin West, Fianna Fail)

The first important set of amendments in this grouping consists of amendments Nos. 47 to 55, inclusive, to the section which relaxes the in camera rule in family law cases. Senators will recall the detailed discussion of this proposal on Committee Stage when the Minister readily accepted that the section in the Bill, as initiated, was not adequate. The Minister brought forward in the Dáil the amendments sought in the Seanad.

Amendments Nos. 49 to 51, inclusive, are key elements in the system envisaged in the Bill to communicate information about family law proceedings to the public and professions. They provide for the preparation by a barrister or solicitor or such other person falling within a class specified by ministerial regulation of reports of family law proceedings and for attendance at court for that purpose. There is a provision for rules of court to be made to regulate this process. These elements were absent from the Bill when it was last before the House at which time it was unclear who could report on the proceedings or if the media could attend.

Amendment No. 52 has two distinct elements. It allows parties to supply in camera orders or extracts from them to such persons and in accordance with such conditions as may be prescribed by ministerial order. Examples of third parties who might need to see orders are schools, the Passport Office, the Revenue Commissioners and parties to conveyancing transactions. In all these contexts, difficulties have arisen due to the confidentiality of court orders. Judging by the debate on this element of the Bill, Senators recognised the problem. The Minister proposes that this process should be regulated by order to allow people to be clear about what they may and may not do in this regard.

The second part of amendment No. 52 allows for the attendance in court of an accompanying person. Organisations involved with the victims of domestic violence were particularly keen on such a provision being made and the amendment addresses the point adequately. While the accompanying person will be a person of the party's choosing, attendance will be subject to the approval of the court and any directions it may give in that regard. The judge, obviously, must have final authority in the courtroom.

Amendment No. 55 provides that the section shall apply to proceedings brought or a decision made whether before or after the commencement of the section. While the arrangements for attendance and reporting and the attendance of an accompanying person must be prospective in their effect, the amendment will, for example, allow a person to supply an order made in the past to a third person in the circumstances I mentioned earlier.

Amendment No. 58 provides for the centralised issuing of summonses and their issue by electronic means to facilitate the penalty points system. Amendment No. 63 provides for increases in the maximum complement of judges by three in the High Court, three in the Circuit Court and two in the District Court.