Seanad debates
Thursday, 30 April 2026
Nithe i dtosach suíonna - Commencement Matters
Courts Service
2:00 am
Maria Byrne (Fine Gael)
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I thank the Minister for coming to discuss this all-important issue. I am very conscious of the fact that Limerick is shovel-ready in terms of the family courts. I welcome the Minister's announcement of the scheme and that he is looking at rolling out phase 1. As the Minister is probably aware, there are two courthouses in Limerick. There is one on Merchant's Quay and one on Mulgrave Street. The courts are all running in parallel with one another. A number of courthouses are available. We are at a very advanced stage, although behind Dublin and Cork. There are about ten courtrooms altogether between the two buildings. Certainly, I know that a lot of the family courts are taking place there as it is. Tusla is just up the road, which deals with family cases.
There could be two separate entities where criminal issues could be dealt with in one courthouse and family issues dealt with in the other courthouse. In family courts, there are very sensitive issues. Sometimes, people do not want to meet others or they are in a stressed state and need the family supports. That is why I am asking the Minister to consider Limerick in phase 1.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank Senator Byrne for raising this very important issue. I commend her on her observation of what was a very significant announcement made last week by me. The decision was made by Government last week as well. That decision concerned the implementation plan for the commencement of the Family Courts Act which, as the Senator knows, was passed by the Houses back in 2024. It proposes an extremely radical reform of the family law courts throughout the country.
Obviously, what cannot happen is that I just designate that on one day, all the family law courts will be transformed into the modern family law courts envisaged by the legislation. That is why I need a phased implementation plan. As the Senator is aware, last week, I announced an implementation plan for the Act. It will result in very significant reforms of the family justice system - probably the most significant reforms of the family justice system in the history of the State. The plan provides for a phased approach for the commencement and implementation of the Act. It is envisaged that implementation will proceed in three phases, allowing time and space to engage with stakeholders, evaluate progress and identify any issues as they arise. A phased approach that provides for both regional and procedural elements to commence at relevant points during the entire implementation process has been deemed the most practical solution. It also allows for a region-by-region commencement, bringing new family courts into operation in selected locations over a series of stages before a full national roll-out.
The intention is that once we have the new family court system up and running we will, as the Senator very sensibly indicated, have family courts in one location. Around them will be all the necessary back-up services that are required by people who find themselves before the family courts, such as access to Tusla and, more importantly, access to mediation services. This is so people can try to mediate a solution as opposed to having a court-imposed solution. As the Senator indicated, it is not appropriate for people involved in family court proceedings to find themselves in public areas where there are criminal cases going on, for instance, or other disputes going on. We need to recognise that when it comes to family law disputes, they are highly sensitive disputes. We need to go out of way to ensure we can try to facilitate mediated resolution of the disputes. We want to make the environment as amenable as possible for people who find themselves before the courts.
As the Senator indicated, phase 1 will commence in January 2027. Three locations will be initially selected to commence operating as family courts in the new system. The locations will require a family District Court, a family Circuit Court and a family High Court. Judges with specific expertise in dealing with families and family law matters will be assigned to these first court locations on a full-time basis. That process is already ongoing. I am engaging with the presidents of the courts to try to identify the specialist judges. I hear what the Senator is saying about Limerick and its preparedness. I have not made a decision yet, but the Senator certainly has first-mover advantage in that she is the first representative who has come to me to indicate they have a preference for it.
To a large extent, it will be based on factors such as the preparedness of the buildings, whether buildings or Tusla services are available and what other facilities are available for the other court work to continue operating there. The Senator indicated to me there are two courthouses in Limerick and there could possibly be a mechanism of separating family law from the other types of work. I will certainly have a look at that and I thank her for raising the issue. I will have to announce the three locations in the next number of months. I will certainly take into account what the Senator has said in respect of Limerick.
Maria Byrne (Fine Gael)
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I thank the Minister for his positive response and the fact he will engage and think about it. I appreciate that he will consider Limerick when he is making his decision. I am not putting any words in his mouth but certainly I believe that Limerick is ready and has the capacity and availability. Obviously, we have Tusla right on our doorstep. The mid-west regional office is only up the road. Certainly we have all of the wraparound services. I look forward to working with the Minister in relation to it.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank Senator Byrne. Whether or not Limerick makes it into phase 1, the good news for the country is that an implementation plan is in place. It sets out three very important timelines. At present we are in the pre-phase 1 designation stage, in terms of preparing for the commencement of phase 1 in January 2027, when three locations will be identified. In phase 2, which will commence in January 2028, we will identify a much broader range of courts around the country. The following year it will operate nationally.
I know Senator Byrne is not saying this but sometimes people can ask why we cannot do it all in one go. It would create chaos if I did it in one go. It would mean that everybody would be told that on 1 January, every court in the country would change around. I am sure I would get some plaudits from people saying I have pushed this on but it would be a disaster. This is why it is important to phase it and to have an implementation plan. It is a very detailed plan and I would urge people to look at it. Certainly my officials will engage with stakeholders. I am pleased that people are looking to be part of phase 1, and certainly we will give careful consideration to Limerick. I cannot guarantee anything, as Senator Byrne knows-----
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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-----but it is important to know the process is ongoing.