Seanad debates

Wednesday, 8 May 2013

5:20 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I thank the Minister of State for his contribution. Others have raised the issue of domestic violence and abuse. However, there is another type of abuse, namely, the abuse of the courts system. I have witnessed this as a practising solicitor. I am familiar with a case in which there are more than 25 court orders and the case is ongoing. This problem is particularly acute in cases where there are Supreme Court appeals and where there is a delay of up to four years. Some people are now using that process to delay a conclusion to the matter. This is something to which we need to give priority. I realise there is a proposal from Government, which is facing into the appointment of two extra Supreme Court judges. Priority should be given to dealing with the outstanding family law cases and, in particular, cases which have been waiting for some considerable time.

We cannot interfere in the courts system, but there are people who are familiar with it, in particular lay litigants who have used it very effectively for delaying conclusions in family law matters. It is an abuse in its own way because it is emotionally, mentally, physically and financially draining. The family law system is trying to provide the maximum amount of protection for people, but there are people who have become all too familiar with it and are using it for their own self-interest. The courts need to examine this issue. It is something about which I am extremely concerned.

It needs to be dealt with in order than people cannot misuse the system while others suffer for long periods of time. Everyone else has made valid points. We always need to be conscious that where there is a need for change it is implemented. One such area is the appeal system.

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