Seanad debates
Thursday, 2 February 2023
Family Courts Bill 2023: Second Stage
9:30 am
Niall Ó Donnghaile (Sinn Fein) | Oireachtas source
Cuirim fáilte roimh an Aire. Is Bille thar a bheith tábhachtach é seo agus, mar atá ráite ag comhghleacaithe eile, ceann a bhfuil ag déileáil le cásanna nuair atá daoine faoin a lán struis agus a lán brú. Cibé rud gur féidir linn a dhéanamh a laghdaíonn an strus agus an brú sin agus a chruthaíonn coinníollacha i bhfad níos fearr faoi choinne daoine agus iad ag dul tríd an gcóras dlí, is rud maith dearfach é sin.
State institutions of any description present difficulties on many fronts - too many to mention here - for those who find themselves using them. We have debated many times in the Chamber the need for the State's institutions to be much more user friendly and considerate of the people who pass through their doors. In particular there is a need to be aware of two dimensions, namely, psychological and resourcing. This is particularly the case when it comes to the relationship between people and the State's judicial institutions in their varied forms. We have heard very valuable first-hand experiences of that in the debate thus far.
Today, we are debating the Family Courts Bill. There is probably no other area of life which produces emotional tensions quite like a family in crisis and, unfortunately, potentially in breakdown. I am mindful, in addressing the Bill, that its constituency are stressed mothers, children, distraught parents and grandparents, fathers, siblings and relatives. They will have experienced coercive control, which is now a criminal offence because it is violent and destructive to family life, parental estrangement, a complete breakdown between parent and child, parental alienation or the hostility of a child to one of his or her parents induced by the other parent. All of these issues and many more potentially arise.
The reduced capacity of the courts during Covid also negatively impacted on families. Family breakdown is always a tough experience emotionally and financially. While these pressures are challenging enough for the families experiencing them, they then also have to manage the family law system, which falls far short of what it should be. Families are experiencing things such as lengthy delays waiting for a court date, adversarial and inappropriate settings to hear highly personal matters, the poor provision of ancillary court services and court-ordered assistance and delays in enforcing maintenance orders, which causes additional financial hardship, especially for mothers who are already struggling.
The proposal by Deputy Kerrane of Sinn Féin for a child maintenance service would help many families, as would the proposals from the Committee on Justice and Equality, chaired by my former colleague, Caoimhghín Ó Caoláin, which produced a report in 2019. It is a valuable report and I commend it to the Minister. The committee heard from wide variety of stakeholders and the report represents a solid basis for reform.
The current programme for Government contains a commitment to enact a family law court Bill to create a new dedicated family court within existing court structures and provide for court procedures that support a less adversarial resolution of disputes. It also promises to build a new family law court building in Dublin and to ensure court facilities across State are suitable for family law hearings so these hearings can be held separately from other cases. These measures are fully supported by Sinn Féin and we support the Bill.
Legal reform and the building of a dedicated family law court for Dublin are of vital importance but any credible family law plan must go further and I appreciate that the Minister knows this, in particular in terms of supports. Not every issue before the court can be addressed at the point where relationships are breaking down. However, significant resources can and should be allocated to reduce the harms that can result to children and adults. Certain measures, if implemented, will make a significant contribution to making family courts work for families and children. Not only is that the intent behind this much-needed Bill, it can be the outcome. I look forward to working with the Minister and colleagues across the House to ensure that is realised.
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