Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I thank the Minister for being here again today. Broadly speaking, Sinn Féin supports the Bill albeit we have some concerns which we attempted to have addressed in the Dáil. We call on the Minister to ensure that as the legislation progresses in the Seanad those modest and doable amendments are made.

Sinn Féin supports the Bill's general objective of promoting mediation as a viable, effective and efficient alternative to court proceedings with the potential to reduce legal costs and speed up the resolution of disputes. I am not sure the following even applies to the Minister who is newly in office, but his predecessor took on board some concerns raised by the Opposition. It is disappointing that the then-Minister did not go so far, however, as to address the specific concerns Sinn Féin raised about domestic violence, which the Minister touched on in his opening contribution. I have no doubt the issue will arise as the Bill progresses through the House.

We note that while the Bill rules out mediation where disputes pertain to the Domestic Violence Acts 1996 to 2011, it will not cover the scope of the new domestic violence legislation which is making its way through the House. Rather than simply excluding proceedings under the Domestic Violence Acts from the scope of the Bill, it would be of more use in situations where domestic violence is an issue but may not have been prosecuted. It is simply not appropriate for a solicitor to advise clients to attend mediation in cases of custody or access where there has been domestic violence. Abusers may attempt to bring forward mediation proceedings to prolong matters, which is one of the key concerns of those who have passed information to us.In a 2010 report on alternative dispute resolutions, the Law Reform Commission stated they were not suitable where they involved proceedings under the domestic violence Acts. It suggested a broad wording to include situations where there are safety issues. That is what we are attempting to reflect in the amendment we tabled on Report Stage in the Dáil. We would also like the Bill to provide that a mediator, prior to commencing mediation, would make inquiries about whether there has been domestic abuse in the relationship. This was also advocated by those in the sector dealing with the effects of domestic violence and those who have helped people who have suffered abuse by a spouse or other relative. There is a possibility that victims of abuse could be pushed into mediation settings, which would be wholly inappropriate. These amendments reflect the concerns of people who have worked with victims. The Law Reform Commission has also made suggestions along these lines. I hope the Minister will accept them on that basis.

As an addition to these amendments we would also like to see training provided for solicitors, barristers and mediators to give them the skills to identify domestic violence and work with abusers and victims. If the Minister will not accept there should be no scope for mediation in domestic violence cases, it would be of benefit if he will ensure there is training at the very least.

Another matter which is of importance to me is provision for mediation services through the Irish language. There are thousands of Irish speakers who would like to use Irish as their language on a daily basis in the courts and in justice matters but they simply cannot because officialdom does not consider it important enough to make provision for. This must be addressed on the next Stages of the Bill. The Minister will know, given his previous brief, that it is reminiscent of the Administration of Justice (Language) Act (Ireland) 1737, which pertains in the North. It is a penal law that is still on the statute books in the North and prohibits the use of Irish in the courts. We should not allow anywhere on this island, but in particular in this jurisdiction, a prohibition, delay or inability to use the Irish language in the courts.

We must also look at allowing for the recognition of mediation services in the Six Counties for the purposes of this Bill. It will come as no surprise to the Minister. He will understand the nuances of it. There may be people who are geographically located in the 26 Counties but who will find it easier to access mediation across the Border. It is imperative that no block is placed on recognising those mediation processes and that no bar is placed on Northern mediation practitioners from providing a service in this jurisdiction. It is particularly pertinent given the prospect of Brexit.

The Minister may not agree but I know he will understand the nuances of the issues for people who live along the Border. Hopefully the Bill can reflect and assist them in enabling the very worthwhile and important mediation services that this Bill provides for.

Sin mo mhéid.