Colm Burke (Fine Gael) | Oireachtas source

I thank the Minister for bringing forward such comprehensive legislation. I wish to talk briefly about my own experience of work in the legal profession. While I have not specialised in family law, I have been involved in it. In dealing with any family law matter, a careful balance has to be met. It is not a very nice situation to be in. This occurred to me when I was acting for someone and waiting for the case to be called and received a note that the person I was representing had just committed suicide. Another colleague was involved in a matter being dealt with in court. During lunch, one of the parties involved in the case committed suicide. We must be very careful about how judges have to deal with these matters. It is not all black and white and it is not all straightforward. It can be very difficult.

This is very comprehensive legislation. When we talk about domestic violence, we can talk about cases in which there is no physical attack and where people are abused mentally. We can deal with that through legislation. Another issue is also arising in that the courts system is being used to wear people down. I am just coming to the end of a case for which I have been in the courts for 16 years. We have gone from the District Court to the Circuit Court to the High Court to the Supreme Court and back around. There is no mechanism in place, as far as I am concerned, which prevents this from happening. That whole process is about using the courts system in an improper manner. It is something for which we do not have legislation and I do not think we can put legislation in place. In that particular issue, a Circuit Court judge was judicially reviewed on two occasions to the High Court. That is all within the law. It is one of the ways in which family law can become complicated. It is not all black and white where a clear line can be drawn.

I welcome the provisions in the Bill. I particularly welcome section 21, which allows for evidence to be given by television link. That is a welcome development. Section 22 allows for an applicant or aggrieved person to bring someone along to court. That is also very important. Section 23 allows for seeking the views of the child. Going back to my own experience more than 20 years ago, there was a matter in which there was a very good judge who decided he wanted to take on board the views of the child. He took the child out for a burger during lunch to find out the child's views. The judge gave a very reasoned decision to accommodate all parties, but in particular to accommodate the views of the child. It is very important to see how that judge was able to deal with what was a difficult situation and used what powers he had available to him in a very good way.

I am a little unclear about the issue the Minister included under section 35 regarding a forced marriage. That relates to a non-Irish citizen who lives in this country and for whom, for some reason or other, arrangements are made to travel abroad. I am not clear if this section will cover that individual if he or she is taken outside of the country and enters a marriage. The Minister might explain that. I have heard of situations where a person is not an Irish citizen but is living in Ireland, is taken out of the country by questionable means and put into a forced marriage. I ask the Minister for some clarification on that and whether we can table an appropriate amendment to this section to deal with that.

I welcome the Bill. It is very comprehensive. It relies very much on the experience of all those involved in in the courts over the past 30 or 35 years. The first family law Bill was produced when I was in college in 1976. At that stage, there was no legislation at all. We have come a long way in that time and that is welcome. This is very welcome legislation. I thank all those in the Department and in the Office of the Attorney General who have been involved in bringing this comprehensive legislation to Government.