Shane Cassells (Fianna Fail)
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This is a Seanad Bill which has been amended by the Dáil. In accordance with Standing Order 148, it is deemed to have passed its First, Second and Third Stages in the Seanad and is placed on the Order Paper for Report Stage. On the question "That the Bill be received for final consideration", the Minister may explain the purpose of the amendments made by the Dáil. This is looked upon as the report of the Dáil amendments to the Seanad. For Senators' convenience, I have arranged for the printing and circulation of the amendments.

The Minister will deal separately with the subject matter of each related group of amendments. I have also circulated the proposed groupings in the House. A Senator may contribute once on each grouping. I remind Senators the only matters that may be discussed are the subject matter of each grouping of amendments made by the Dáil.

Helen McEntee (Meath East, Fine Gael)
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I am pleased to be back in the Seanad to outline the amendments made to the Bill by Dáil Éireann. Before introducing the amendments, I thank Senators for their interest in and constructive approach to development of this Bill as it progresses in this House. In this regard I look forward to a continuation of the constructive approach adopted by the House to date. I note these amendments were also previously made in this House to address points made on Committee Stage. Reform of family justice, including enabling access to a courts system that is less adversarial and, where possible, reduces the costs of dealing with family issues has been sought for a long time. I look forward to the support of the House for the completion of the Bill's passage today.

A reformed family justice system will be user-friendly and family-friendly, and is the foundation stone of a modern and progressive approach to dealing with family law issues. A reformed family courts system is a keystone in this broad structure, enabling family law cases to be dealt with using more efficiency in a way that should ensure better outcomes for families and children. The implementation of the strategy of which the Bill is an important part, but just one part, requires many strands to come together to create a family justice structure that is fit for purpose in the modern era. The improvements to our family justice system in terms of the provision of resources and infrastructure envisaged by the Family Justice Strategy 2022-2025 and this Bill will be central to the process. More than 60 amendments were made during the Bill's passage through the Lower House, but these can be grouped into four themes. As a number of the amendments were consequential to the main amendment being made in each group or technical in nature, I do not propose to go into them in any detail. Any references to line and page numbers are those in the Bill passed by this House.

Amendments Nos. 1 to 3, inclusive, are amendments to the Long Title to reflect the amendments made in the Dáil. Amendments Nos. 1 and 2 reflect changes in group 1 and amendment No. 3 relates to group 2.

The amendments in group 1 relate to the rules of court. The first group of amendments relates to the structures for the making of rules of court and other procedural matters for the family courts. There are 19 amendments in the group, including a number of technical and consequential amendments. These amendments provide for a different approach to how family law rules will be made to that in the Bill previously passed in this House. The amendments in this group that were passed in Dáil Éireann essentially involve the replacement of Part 6 of the Bill by substituting sections 51 and 52 and deleting sections 53 and 54. These changes are from line 5 on page 52 to line 9 on page 62.

The main amendments in this group are the substitution of sections 51 and 52 of the Bill by amendments Nos. 10 and 11. These sections, along with related technical and consequential amendments to the Bill, provide for the substitution of the proposals to establish either family law rules committees or a family law rules sub-committee. The Bill now contains, as a result of Dáil amendments, simpler and less expansive arrangements for the making of family law rules of court. This change is based on the outcome of stakeholder consultation with the Courts Service in particular, which has supported this approach, not least as it better aligns with the guiding principles of the Bill in being just and expeditious. Rather than adding a new layer of rules committee, what is now included in the Bill is for the existing committee for family court judges and the mechanism relating to the family courts to be brought to the attention of the rules committee. These alternative arrangements are, as has always been the intention, directed at ensuring there will be consistency in approach to the making of family law rules across the family court jurisdictions. They should also ensure that family law rules will be given appropriate attention by the currently established rules committee.

In summary, what is achieved by way of these amendments is the replacement of the original Part 6, dealing with the establishment of a specific family law rules committee or a family law rules sub-committee and substituting it with provisions to expand the existing court rules committees at all levels to include the relevant principal family court judge. This substituted part of the Bill, in addition, makes provision in amendment No. 11 for the creation a new family courts practice and procedure committee. This will comprise the principal judges of each of the family court divisions and officials from the Courts Service. The members of the committee can recommend the making of particular family law rules to the established rules committees. The presence and participation of the Courts Service officials in the new committee will facilitate matters relevant to the statutory functions of the Courts Service being part of the consideration in the making of family court rules and practice directions, which will support the effective operation of family courts.

The amendments in group 2 arise from the enactment of the Health (Assisted Human Reproduction) Act 2024. They take account of proceedings relating to parenthood, especially the establishment of parenthood of children born through surrogacy as provided for in the Health (Assisted Human Reproduction) Act 2024. The publication of the Family Courts Bill predates the enactment of that Act, which provided for parentage proceedings to be dealt with in the general courts. It is appropriate that these proceedings come within the definition of family law proceedings in this Bill and would be dealt with by the family courts.

The President signed the Health (Assisted Human Reproduction) Act 2024 into law in July. It contains a number of provisions to enable intending parents of children to be born through surrogacy in the future and parents of those born through surrogacy in the past, domestically and internationally, to apply to a court for a parental order to have the parentage of the child established through the courts. I have agreed with the Minister for Health that these proceedings should be determined by judges of the family courts, when they have been established. Family court judges will have the necessary expertise and interest in such matters. Accordingly, amendment No. 6 inserts a provision in section 2 of the 2024 Act to allow these proceedings to be categorised as family law proceedings for the purpose of this Bill. An amendment to section 76 is made to replace references to the Circuit Court or High Court arising from amendments made to the Health (Assisted Human Reproduction) Act 2024 and the Guardianship of Infants Act 1964, concerning such proceedings with reference to the family Circuit Court and family High Court.

A number of consequential amendments are also made in the Bill referencing the Health (Assisted Human Reproduction) Act 2024. The main amendment relating to that Act is amendment No. 58. In addition to providing for the jurisdiction of the family Circuit Court and family High Court in certain matters under the Act - primarily those relating to parentage through surrogacy - it also provides for general Circuit Court jurisdiction matters under the Act that are not family law proceedings to continue to be dealt with by the Circuit Court. The substance of these amendments is that parental order proceedings for children born through surrogacy are family law proceedings under the Bill and will fall within the jurisdiction of the relevant family court divisions when they have been established.

The amendments in group 3 relate to the Child Care Act 1991. Section 83 of the Bill as passed in this House deals with amendments to the Child Care Act 1991, providing for jurisdiction to be given to the family District Court and, in the case of certain care orders, concurrent jurisdiction to be given to the family Circuit Court, to make the orders. During the course of the Bill's passage through the Houses, there has been ongoing stakeholder engagement. On this section, there was particular engagement with the Department of Children, Equality, Disability, Integration and Youth, which has proposed the extension of concurrent jurisdiction to the family District Court and the family Circuit Court in a broad range of care proceedings under the 1991 Act to enable complex cases to be dealt with at family Circuit Court level where this is considered necessary. Tusla, the Child and Family Agency, would be in a position in light of the circumstances of a case to decide the jurisdictional level at which the case should be initiated. Accordingly, the required jurisdictional changes have been made by means of these more than 30 Dáil amendments.

The Child Care Act 1991 provides statutory times limits for cases to be brought before court in the case of certain types of childcare proceedings. Provision has been made to continue to enable matters to be dealt with in the general District Court where no sitting of the relevant family court can be arranged within the time limits. This will protect the interests of the child to whom the proceedings relate. The amendments made to this section insert the family Circuit Court and the District Court, as appropriate, as courts where such proceeding can be determined.

An additional amendment provides, as a consequence of the jurisdictional extension, for the term referring to the judge of the court to be clarified. The term now encompasses a judge of the family High Court, the family Circuit Court and the family District Court as appropriate. Notwithstanding the jurisdictional amendments, emergency care orders can continue to be dealt with by the District Court as they always have been. Considerable expertise in such matters have accrued in the District Court over many years. These amendments are amendments Nos. 22 and 253 on the list of Dáil amendments. The amendments include consequential amendments to Schedule 2.

The final amendment is a technical amendment to section 85 and was made by the Dáil. This amendment corrects a drafting error which omitted the word "family" from family Circuit Court.

I again thank Senators for their interest in and support of this Bill. It marks a milestone. It is one of the final Bills to be passed by the 33rd Dáil. It is probably one of the first things I said I wanted to complete. While we know things take time, I really believe this will be a game-changer for family law. It is important because we all know people in our lives, close to us or just people we know, who have gone through or are going through difficult family break-ups, whether there are children involved or not. Often, going through the courts or just going through that process can be extremely distressing and challenging. This is about making sure we can have access to our courts in a much quicker, more efficient and more caring manner and that the cost is reduced insofar as possible for families as this can also be extremely costly.

It is also important that where there is abuse in relationships, through our courts system and the family justice strategy, working with the domestic violence strategy, we do everything we can to remove that abuse as it often continues in the courts. I thank Senators for their support. There has been general support for these changes. What is important is that we have not just started now to work on the requirements that will be needed to stand up these courts. There are 31 new judges already in our courts and 20 to come. Investment is happening in our courts structures and in the staff working there. That is important so that as these courts are stood up they will have the resources, including teams and specialist judges, to be able to make sure they work as efficiently and effectively as possible.

I thank my team and staff in the Department who have worked hard to get this over the line today. I wish my colleagues who will not be running again in the forthcoming elections every success in the future. It has been an absolute pleasure working with them.

Gerry Horkan (Fianna Fail)
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This is an important, useful and valuable Bill. As it happens, I have been following it the whole way through its passage. I was spokesperson in February when then Minister, now Taoiseach, Deputy Harris, was covering for the Minister for Justice. We brought it through Committee Stage not long ago. I will not delay it at this stage. I am delighted it is on the way. There is an awful lot involved. The Minister outlined just how much, and she only referred to the amendments as opposed to the entire Bill.

This is worthwhile and worthy legislation. I commend the Minister for making sure it got this far and that we are getting it through before the end of the terms of this Dáil and Seanad. I thank all the officials. Many people must have been involved in drafting and redrafting the legislation along the way, including all the Senators and Members of the Lower House who contributed to what will be worthwhile and useful legislation.

Joe O'Reilly (Fine Gael)
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I welcome the Minister and wish to acknowledge from the outset that she has a real commitment to this area. She has been a very reforming Minister and will hopefully continue to be so in the future. She is very much avant-garde in trying to modernise legislation, be it domestic violence or family law or whatever, to make a real difference in people's lives and effect real change to ultimately ameliorate hardship and distress to the greatest possible degree.

The Family Courts Bill and report the Minister has brought from the Dáil is completely reforming. As she has said in her introductory and concluding remarks, it will first make the courts much more efficient in terms of timing and that is so important because people and children, who are often in the middle of it, are in distressing situations. It is important it is speedy but at the same time user friendly and not intimidating. I know mediation is an option as well and I welcome the fact there will be extra judges and that Tusla will decide the level of the courts. It is very important that the courts are sensitive and caring places that are about the holistic situation and recognise people are at a very vulnerable and difficult time in their lives.

As a parent and former teacher, I am so conscious that we can miss the children in the middle of all this. The Minister and I are aware of one or two cases in our areas where there is great distress and angst around the welfare of the children. Children are often the vulnerable pawns in an emotional battle and a turbulent tug-of-war so it is so important we have responsive courts where everyone can be comfortable, people can have ease of access and there are no barriers in terms of formalities that would be difficult for them. In addition, where possible, mediation would also be applied. Hopefully, Tusla could even resolve some of these issues before they ever get to the courts. We need a well-resourced and well-staffed Tusla. We also need, as the Minister is providing for, the extra judges in the courts.

I welcome the Minister's report from the Dáil and like my good friend and colleague Senator Horkan, I am completely in support of this. We would want to be very strange not to welcome something that is progressive and life-altering for the better.

Shane Cassells (Fianna Fail)
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When is it proposed to take the next Stage?

Gerry Horkan (Fianna Fail)
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Now.

Shane Cassells (Fianna Fail)
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Is that agreed? Agreed.

Shane Cassells (Fianna Fail)
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I thank the Minister for her work on this Bill and all her work throughout her term as Minister for Justice, which has been exemplary. As a fellow Meath Oireachtas Member, I pay tribute to her. Our families have deep connections, both political and sporting, and I wish her well in all that she does. She has been an exemplary Minister on behalf of this State.

Gerry Horkan (Fianna Fail)
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I wish to briefly pay tribute to not just the Minister, which I have done and I hope to do again in the future, but also to Senator Cassells. We both ran for the first time in 1999 in various local elections. He has been a member of a town council, county council, the Lower House and now this House. He has given exemplary public service over the past 25 years and I pay tribute to him as he happens to be in the Chair and I am delighted to see it is him as we conclude, at least for the moment, as we may have to come back when the Dáil sits again. We will still be in office at that stage and we certainly might be back to pay tribute to the Senator for his time in public service. I wish him well in the future.

Joe O'Reilly (Fine Gael)
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If the Chair could similarly indulge me for a moment, I too want to be associated with those remarks. I am very proud that I, jointly with Senators Cassells and Wall, very consistently and almost day by day over the last term pioneered and pressed for the gambling legislation and regulator. We made great progress in that area. By working with him then, I got to know how passionate the Senator is about good causes and I know that was not his only good cause. He can be very proud of his record here and what he has achieved. He brought an integrity and commitment to politics that is important.

Garret Ahearn (Fine Gael)
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Seeing as the other two did and I did from that Chair earlier on, I want to acknowledge-----

Gerry Horkan (Fianna Fail)
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You are not allowed to speak from there today.

Garret Ahearn (Fine Gael)
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Am I allowed to speak? It is quite fitting that the Senator is sitting there in his last moments in this Chamber. I wish him and his family well. I also acknowledge the Minister on her exemplary work over the past five years. Being Minister for Justice is not an easy job and it has been difficult for the Minister's predecessors but she has done incredible work, particularly for women right across the country. If I had to mention one place, it would be Cuan Saor in Clonmel that looks up to her so much in all she has achieved in the past five years. I wish her well over the next three weeks and we will all hopefully be back.

Shane Cassells (Fianna Fail)
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As we conclude, I acknowledge the presence of my own PA in the Visitors Gallery, Councillor Mike Bray, who has been with me for nine years and is an exemplary public servant in his own right, but has been a very loyal and dedicated professional with all of the people in County Meath that he has dealt with on my behalf. I thank him for his service. Many of us have our backroom staff that do exemplary work. I thank and acknowledge him for his service.

Shane Cassells (Fianna Fail)
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When is it proposed to sit again? I understand the House is adjourning sine die.

Gerry Horkan (Fianna Fail)
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Yes, we are adjourning sine die.