Seanad debates

Wednesday, 27 March 2013

Courts Bill 2013: Second Stage

 

4:25 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail) | Oireachtas source

I will return to the Bill. The Fianna Fáil spokesperson on children, Deputy Troy, has published an in camera rule in child care and family law proceedings Bill 2013, which throws open windows on family law proceedings that have remained hidden for too long. This Bill, which is being promoted and advocated by my party, has greater transparency without jeopardising the need for sensitivity in respect of the identity of the family involved. As I stated earlier, I believe this Bill can be used as a platform without throwing out the baby with the bathwater entirely when trying to tease out the Bill's positive aspects, as well as addressing some of the major concerns held by my party and me, and Fianna Fáil intends to submit a series of amendments in this regard.

It is not too long since the referendum on the rights of children was held. While it was something for which I advocated for a long time - and this relates to an extent to children's courts and the law relating to them - I was deeply concerned by the poor turnout and the unconvincing swathe of opinion in favour. While I had thought the vote would be carried by a substantial majority, this did not happen and much remains to be seen as to where, as a society, we are going in this regard. A major concern is that the Bill proposes to amend the in camera rule to introduce greater transparency in the administration of family and child care law by allowing press access to the courts in family and child care proceedings. The trick in this regard will be to ensure that Members get the balance right. Unless they do, I am unsure whether it will be favoured by journalists, leading practitioners or the public and it could be a recipe for disaster. I simply am spelling out Fianna Fáil's concerns and warnings in this regard and I listened to the comments of my colleague, Senator Walsh, who spoke first on this side of the House.

While I acknowledge my time is extremely limited, I wish to comment on the proposed increase of the monetary limits of the District Court and Circuit Court. I personally welcome this aspect of the Bill, because it is a good idea.

Considering the enormous delays in our higher courts, the notion of increasing the jurisdiction of both the District Court and Circuit Court will, in my view, ultimately lead to a reduction in the burden of legal costs and, in addition, will free up the delays in our court system, the backlog of cases, etc. When I commenced practice as a solicitor, the limit given to the District Court, subsequently increased, was of the order of £750 in old money. That was the old Irish pound, which became the punt and then the euro. The proposed increase in the jurisdiction of both the District Court and Circuit Court, as set out in this Bill, is very welcome. I would be so bold as to say it should be under constant review, and would have no objection to the limits being increased even a little more. The most efficient, cost-efficient and user-friendly type of court to the ordinary citizen is the most local, namely, the District Court, followed by the Circuit Court. There are delays and problems for many people in getting into the higher courts and if the logjam in those courts can be reduced in any way that would be an important development.

I also wish to make the point-----

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