Lynn Ruane (Independent) | Oireachtas source

I thank the Minister for his time and congratulate him on his new appointment. I wish him every success.

I will begin by welcoming the legislation and expressing my support to the State in trying to facilitate the resolution of disputes outside the court system wherever possible and appropriate. Such mechanisms are welcome in terms of reducing the burden on our court system but also because a mediation setting can be a less formal and adversarial environment for disputes to be considered which will often allow for a more positive outcome for all parties involved. It is my experience that many people who do not have regular, positive interactions with the criminal justice system, particularly if they are from disadvantaged, minority or marginalised backgrounds, can often feel intimidated by the prospect of a formal judicial adjudication. Any attempt to provide greater access to mediation services for the general population should be welcomed.

There are many positive aspects to the Bill but I will raise an issue that was raised in the Dáil by Deputy Aengus Ó Snodaigh, that is the danger of initiating mediation in family law cases where domestic violence may have occurred. In section 3, domestic violence cases are exempted from these provisions. It is clear recognition by the Minister that these procedures are entirely inappropriate where domestic abuse has occurred, which is very welcome. My concern is that circumstances may arise where domestic violence may have occurred but no formal allegation was made or prosecution filed so solicitors may recommend that partners enter into mediation with their former abuser. This is a major concern and a number of NGOs are working in this area, such as Women's Aid, which others have mentioned. I read over the Report Stage debate in the Dáil and the Minister's response to the issue was that because mediation is a voluntary process, a party who has experienced domestic abuse will not be forced to engage with the process if he or she does not wish to. The Minister also made the extraordinary claim that if we were to make a change, women could simply claim they had been the victim of domestic abuse so that their solicitors would not have to provide them with the information on mediation services. That is a separate matter.

My concern is that by exempting domestic violence cases from these procedures we acknowledge they are wholly unsuitable environments for domestic violence issues to be raised. Yet in family law cases where domestic violence has occurred but charges have not been filed, we are potentially allowing a situation where women will engage with former abusers. The only safeguard against this is the woman herself putting her hand up to say she does not want to do it. It is not acceptable. What about cases of vulnerable women who might be intimidated by the prospect of formal court proceedings and may feel that mediation is their only option? We could be forcing a woman to engage with an abuser and nowhere in the mediation process is there any obligation on any parties to ascertain whether domestic violence is a factor in the mediation process. Such obligation should exist. Sinn Féin tabled two amendments to this effect in the Dáil. It would comprehensively address the issues I have raised. Committee Stage amendment No. 8 would create an obligation on the mediator to at least make inquiries with the parties as to whether domestic abuse has occurred in the relationship. Will the Minister consider tabling amendments in the same spirit? We have a busy schedule this week and we all want to get this Bill passed before the recess but we need to consider this vital issue and I appreciate the Minister's thoughts on it. I will introduce amendments to this effect if the Minister does not.

As someone who has used mediation services in the family law courts, I found them very positive but I was not in fear for myself, my children or my life so I was able to engage positively and actively in a healthy manner in that mediation. One part that always stood out to me with regard to women going into mediation as an alternative to the courts system, especially in the family law courts in Dolphin House, was that there was no enforcement of agreements. Women would enter into negotiations, often around access to their children and maintenance, but there was no way to enforce agreements. It can be a tiring and disheartening process to go through, to have to come back and then end up in the court system. What are the Minister's thoughts on an enforcement element in mediation?