David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 1:

In the first paragraph, to delete “acknowledges the Government's commitment”.

I did not intend to speak on the Private Members' motion, because Senator Ó Clochartaigh will speak on behalf of Sinn Féin, but there are a number of amendments and therefore he needs someone to propose them. He will second the amendments, which were tabled to enhance the motion, not to take away from it. We support the broad thrust of the motion. Like Senator Jim D'Arcy, I am not a solicitor and I do not have a legal background, but I do have experience in the family law area, as he does. Mediation is a better way to deal with some issues and it is a practice that has been introduced in recent years that helps in the family law area.

Comparisons may be made with the concept of restorative justice from the criminal point of view. The principle of restorative justice is based on mediation between the perpetrator and the victim at very low levels of anti-social activity. The intention is to build up trust and to get people talking. It is seen as a better way than to have the criminal justice system dealing with it on its own. In family law and other areas there is a breakdown in trust. There are emotional issues and all sorts of other factors come into play. Let us be honest: solicitors do make a lot of money from these issues where they can play parties against each other. Mediation is a better way to deal with such matters. When people are adults, they approach it from that perspective and they want to resolve conflict, which is essentially at the heart of the matter. One needs a facilitator when two people come together or in cases other than family law when parties come together to try to get agreement on something. Mediation offers people the opportunity to talk through issues and develop agreements that are in everyone’s interest in a much more constructive way. It is a positive step forward.

I share some of the concerns that have been expressed about accreditation, which is hugely important as well, but the broad thrust of the Private Members' motion is something we support. I did not intend to speak but I wish to put on record my support for mediation services based on my experience. Senator Ó Clochartaigh will deal with the amendments that have been tabled.