Brian Lenihan Jnr (Dublin West, Fianna Fail)

Many bodies have been established in recent years that are concerned about the impact of matrimonial, family and domestic litigation on people's lives and fortunes. We have to strike difficult balances in these matters.

To answer one of Senator O'Meara's questions directly, not all of the amendments proposed by the organisation to which she referred were accepted. In this legislation we have, for the first time, provided for the compilation of information, on a systematic basis, on this area. The previous operation of the in camera rule effectively meant that it was impossible for us to assemble that type of information. Therefore, many of the submissions we received from the interested organisations would have contained much material which was, in research terms, anecdotal. In saying that, I do not want to take from the sincerity or the passion of the viewpoint expressed by many of these organisations. However, the fact remains that we were working in a void because of the operation of the in camera rule. As a result of the discussions in the Oireachtas and the initiative taken by the Minister in this legislation, we now at least have a statutory framework that allows the collation and assessment of information in regard to this type of proceeding.

Senator O'Meara referred to the exercise of particular powers by the courts, for example, in regard to the family home or custody disputes. Under this legislation it is now possible to assemble information about that type of area on a systematic basis. That will inform debates in the future in this area to a far greater extent than was the case in the past. We will then have research-based information at our disposal. That will also inform us as Members of the Oireachtas. We often have important decisions to make about how we should draw up the law in this area. That is as far as I can go on that side of the matter.

The issue of consistency was raised by Senator O'Meara and also, to some extent, by Senator John Phelan. Many of the organisations dealing with this area would say that the courts are not being consistent in regard to cases.