Helen McEntee (Meath East, Fine Gael) | Oireachtas source

These are a number of largely technical amendments to ensure appropriate consultation between judges but also the Courts Service. We are inserting amendment No. 11 as a new subsection to section 10 of the Courts (Supplemental Provisions) Act 1961, which sets down the functions of the principal judge of the Family High Court and takes account of the statutory functions of the Courts Service and how these contribute to the effective functioning of the courts.

Section 5 of the Courts Service Act 1998 provides that the Courts Service has the following statutory function: manage the courts; provide support services for judges; provide information on the courts system to the public; provide, manage and maintain court buildings; and provide facilities for users of the court to perform such other functions as are conferred on it by any other enactment. These functions are particularly relevant to the distribution and allocation of court business and consultation between the judges and the Courts Service is desirable to support the effective operation of the family courts. It is really important that when this is enacted, there is adequate engagement between the Courts Service and the Judiciary as well as all of the resources that are required to make this work.

Current work on the implementation of the recommendations of the judicial planning working group envisages the role of the Courts Service being more prominent in such matters in the future. The inserted section 11(3)(c) makes it clear that the engagement envisaged shall not be in interference with judicial functions or independence.Other amendments relate to requirements for consultation by the principal judge of the court, with the president of the court and the Courts Service with regard to practice directions. This is aimed at ensuring the practice and procedure in the family courts does not, insofar as possible, diverge from such practice and procedure in the courts more generally. Also, where practice directions are made, the aim is that such directions would not negatively impact the Courts Service in carrying out its functions. Further amendments relate to the requirement for consultation with not only the president of the court but also the Courts Service when determining when the family High Court or Circuit Court shall sit, and the places for holding sittings of the family Circuit Court and the family District Court.