Martin Conway (Fine Gael) | Oireachtas source

I agree that when the Bill is published, if it begins life in the Seanad, it will probably be a better Bill. There is an interest in conflict resolution and identifying solutions in this House. As I indicated in my opening remarks, there have been motions, some sponsored by me, on restorative justice and community courts. We need to consider an alternative to the traditional model of justice. We have set the standard with regard to arbitration and there is no reason we cannot very quickly set the standard for mediation, particularly the education, training and registration elements. We should be able to stand over the quality of mediators and the complaints procedure. There could be an ombudsman to govern the area of conciliation, mediation and arbitration. That would ensure that the quality and integrity of the systems are protected.

I agree with much of what was in the general scheme of the Bill published in 2012. The Oireachtas justice committee had two days of hearings and it did incredible work in engaging stakeholders. To be fair, most people involved with mediation want to see it regulated and a proper structure put in place. That protects the integrity of their profession as well. There is not a pile of difference between Senator Ó Clochartaigh's amendments and my perspective on the issue. It would be a serious error of judgment, betrayal or whatever term one might use if this is not enacted in the life of this Government. There is only a year left and it will happen pretty quickly, as it needs to. This was a commitment in the programme for Government, and if it does not happen it will amount to a breach of faith in the programme between the two parties. I am sure my colleagues in the Labour Party will not allow the Minister for Justice and Equality away with not publishing this legislation. This must happen for the purpose of credibility if nothing else.

I commend Councillor Josepha Madigan, a Fine Gael representative who is rightly considered an expert in this area. She provided my office with very useful information and I have no doubt that she has already engaged the Department and will engage Members of the House if they wish to avail of her expertise in the matter. I acknowledge the work of my own personal assistant and legal adviser, Ms Karen Dempsey, who has put much work into this motion to get the tone right and ensure it could be a sign to the Government that this has gone on long enough and we will use Private Members' time in the Seanad to debate the issue. There are thousands of people out there who could save vast amounts of money if mediation legislation could be adopted. Of the people who engage in mediation, 80% reach a successful outcome; the funny element is that the parties tend to speak to each other afterwards. When parties go to court, divisions are created that are never healed.

I thank all Members for the debate, which has been very worthwhile. We are virtually unanimous. The Minister of State, the Minister and the Department of Justice and Equality have a responsibility to the people of Ireland to get this moving.