Written answers

Tuesday, 9 June 2015

Department of Justice and Equality

Family Law Cases

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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592. To ask the Minister for Justice and Equality the current status of plans for legal and constitutional change to facilitate a restructuring of the family court system; if it is still intended to introduce a restructured family court system; if so, the timescale for establishment of the new courts and details of the legal and constitutional changes that will be required; and if she will make a statement on the matter. [22440/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that the Programme for Government contains a commitment to establish a dedicated Family Court in order to improve levels of judicial expertise and training in family law matters and to streamline family law proceeding with a view to making them more user-friendly and less costly. While it was originally anticipated that a referendum to amend Article 34 of the Constitution might be required in order to remove any constitutional obstacle to the establishment of a separate Family Court, more recent examination of the issues arising in this context indicates that it will be possible to proceed with the establishment of the Court in a manner which does not require such a referendum. This can be achieved by establishing the family court as a separate division within the existing court structures.

My Department is currently finalising proposals for future legislation based on submissions which have been received and consultations with interested parties. I intend to bring my proposals to establish the new Family Court to Government as soon as they are finalised. The draft General Scheme will then be subject to the usual pre-legislative scrutiny by the Justice Committee prior to formal drafting of the Bill.

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