Seanad debates

Wednesday, 27 March 2013

Courts Bill 2013: Second Stage

 

3:55 pm

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I welcome the Minister to the House, yet again.

This Bill is very important. Its effect will be greater than its content. It is part of the Minister's progressive reform agenda and it signals an important incremental step in the reform of our courts system. We have seen the referendum on judges' pay, and other important steps have taken place in the last two years.

The Bill will bring the transparency and accountability that our Constitution embodies. The in camera rule needed to be changed. This is now being done, but in a delicate manner and with the necessary provisions to safeguard the identities of families who will be going through difficult periods. No family likes to end up in court. While the Bill is progressive in terms of transparency and accountability, it will ensure that the necessary protections are in place.

We are fortunate that the Minister, in his previous existence, was one of the most successful family lawyers in the country. His firm was there at the very early stages of family law and I believe he may even have written a book on the subject. He is more aware than most of how to get this right. His statement that he will have no hesitation in accepting amendments on Committee Stage, if they are necessary to make the Bill work properly, must be commended. That approach to legislation, and the importance of the Seanad providing ample time to discuss the Bill and giving spokespeople ten minutes to put their views on the record, is important. Our interaction on Committee Stage may inform the Minister's decisions and his thinking. I look forward to that. The Bill is welcome, as legislation that will facilitate the reform agenda.

The Bill places responsibility on the press. In recent times we have seen the fourth estate waver from the standards we expect of it. It plays a pivotal and important role in society. The Bill is an attempt to do the right thing and to ensure proper records and proper reporting in this important area of legal activity. I suggest that the press shoulder its responsibility to ensure that no one prints or broadcasts information that is prohibited by the Bill. The Minister has mentioned that such reporting will be a criminal offence. I hope that will never arise. I look forward to the various reviews of the code of conduct for the press which are taking place at present. The press has a responsibility in this area.

The Bill is welcomed across the House which augurs well for its smooth passage through the Oireachtas. I commend it and I welcome the Minister's comments regarding the proposed coroners Bill. It is needed. We must achieve value for money. It is not appropriate that local authorities should have to fund the Coroner Service. The Minister should consider centralising responsibility for paying coroners in a national system, whether by the Department of Justice and Equality or elsewhere. Local authorities have no discretion in achieving efficiencies by coroners. They are simply issued with a bill and must pay it. Local authority funding has been reduced dramatically and local authority finance officers must identify ways of saving money. I have had discussions with some finance officers and they constantly cite this area as one where they have no power. The Minister might consider this when drafting the coroners Bill.

I was asked, at short notice, to cover for Senator Bradford. I read the provisions of the Bill very quickly. I believe it makes eminent sense and I commend it to the House.

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