Seanad debates

Thursday, 2 February 2023

Family Courts Bill 2023: Second Stage

 

9:30 am

Photo of Pauline O'ReillyPauline O'Reilly (Green Party) | Oireachtas source

The Minister is very welcome and I am delighted to be here today as someone who has worked as a family law solicitor myself. I feel very passionately about this piece of legislation and, indeed, I had the very great honour of being in the negotiations, along with the Minister, Deputy O’Gorman, for the Green Party, with Fianna Fáil and Fine Gael. It was a priority for us to put this into the programme for Government and this is a very significant day.

It is completely true to say that family law cases are very traumatising for children. It is not just about the day one goes into court, or it is not just a day, but it is multiple days, often over many years. It is also about the fact that, in the home, people are preparing for an adversarial approach to family law. It is, then, looking for ways to build a case every day against somebody who is, essentially, part of one’s family and will always remain part of one’s family.

It is completely correct that children are at the centre of this now and that we have separate buildings because, as my colleague, Senator Martin has said, I have also been in court with vulnerable people in family law cases where one has gardaí rushing past, people in handcuffs, which is particularly the case in Galway, and where so much goes on within that small footprint. Only barristers and solicitors, in fact, have a separate space where they can go, but clients often have to book a room in family law cases because one can be in and out for orders, sometimes, quite quickly. Usually, let us be honest about it, the parties are in the corridor having conversations and being overheard. It is very important to have that separate building.

I was also involved in collaborative law, which I believe is a very good approach but it is rare that it proceeds in that way. We have a legal obligation to speak to clients about mediation at the very start when one is taking on a case but again, given the nature of how some of those conversations happen -many of these cases do proceed to court - it is happening in an adversarial type of conversation.

It is acknowledged that this Bill is not going to cover everything. Again, Senator Martin has mentioned that cost is very important and I know that Deputy Costello has brought up the issue of cost and greater access to legal aid. I would love to hear what the Minister's thoughts are on that.

I also note that Women's Aid have some concerns and certainly from working with people, it is very important to remember that children are the most vulnerable but there is often a vulnerable adult in that situation as well and negotiations take place with a vulnerable person.Vulnerable adult children are also often in court and sometimes have had a long history of abuse within relationships. I am over time. I thank the Acting Chair for the latitude and opportunity to speak.

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