Catherine Ardagh (Fianna Fail) | Oireachtas source

I would also like to take this opportunity to congratulate the Minister on her appointment. She has clearly hit the ground running with this far-reaching legislation. I will be delighted to work with her over the next few years.Many of us in this House who pass through the halls of King's Inns look with bemusement at the Latin motto, "Nolumus mutari", which means "We do not wish to change." As my colleague, Senator Martin, said, the Chief Justice, Mr. Justice Frank Clarke, literally brought the Bar kicking and screaming into the 21st century. The Supreme Court sat remotely for the first time on 20 April. I would like to thank Mr. Justice Frank Clarke, and the Courts Service, for being so proactive and ensuring there was no lockdown within the courts during the Covid-19 lockdown period. There was a slowdown but the justice system continued. Great thanks are due to the Chief Justice and the staff in the Courts Service, all of whom should be hugely commended. During that first remote hearing, the Chief Justice commented that while other jurisdictions have started or announced the commencement of remote hearings, in many cases they were coming from a significantly higher technology base. Ultimately, what he was saying was that there is a major shortfall within the Courts Service in terms of ICT. From my reading of it, this legislation, and bringing the Courts Service up to speed and into the 21st century, will require a major amount of investment. From the Minister's point of view, I hope that proper funding will accompany this legislation. It is vital that not only do we have the legislation but also that we have the proper funding for ICT facilities within the courts in order to ensure that they run smoothly.

As previous speakers pointed out, the legislation does not preclude plenary hearings. In some instances, remote hearings are not ideal, for example, where there is digital disadvantage. Across the midlands and in other parts of the country, there is a major lack of broadband services. That would give people a disadvantage in terms of accessing remote hearings. While many lay litigants may be familiar with technology, they can be unfamiliar with the way the courts work. I know, as a practitioner, that when lay litigants are in court, judges are very patient and pragmatic when it comes to ensuring such individuals have the access to justice they would have if they had legal representation. Vulnerable people also may not be suitable for that. I would like to see what is going to be done in that regard. It might require additional legislation or an extra set of rules to figure out how to deal with those instances.

There are also issues regarding the family law courts. I am aware that there is legislation which deals with having fines for people who record in camerahearings but it will be much harder to police than that. There is a huge backlog in the family law courts. I am sure it has been brought to the Minister's attention that Dolphin House court is a disgrace. It is probably the most dangerous place one could be in the context of Covid-19 because people are literally on top of each other. It is unfortunate that, within the timeframe of the pandemic, there has been a major increase in the level of domestic violence. That is another day's work but something has to be done in terms of Dolphin House and the backlog in family law proceedings.

I welcome the provisions in the Bill relating to the appointment of coroners. It is very unfair for families to be obliged to wait a long time for inquests. Not only in Covid times but also in general, the appointment of coroners should be prioritised.

I would like to ask the Minister about the extension of technology to e-conveyancing, as mentioned by my colleague, Senator Sherlock. Many practitioners and auctioneers are already doing that. Auctioneers and solicitors are setting up their own e-conveyancing arrangements but it is very difficult to get buy-in from the banks. The State needs to be involved in any e-conveyancing set-ups.Will remote hearings be extended to extra-judicial hearings such as those of the WRC or the refugee appeals tribunals, which would benefit from similar guidelines?