Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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209. To ask the Tánaiste and Minister for Justice and Equality if steps can be taken to alleviate the pressure on District Courts that are hearing contested family law matters late into the evening; if plans are in place to improve the determination of family law disputes before courts; and if he will make a statement on the matter. [42615/17]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business is a matter the President of the District Court and the presiding judge who are, under the constitution, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the President of the District Court monitors waiting times and workload across all court lists and seeks to ensure the optimum use of court time and judicial resources. Wherever possible, the President targets additional judicial resources at the areas of greatest need.

I am also informed that delays in the hearing of cases and the size of court lists can be impacted by a number of factors, many of which are outside the control of the courts and the Courts Service, for example, the unavailability of a witness or vital evidence, delays in the furnishing of reports or because the parties and/or legal practitioners are not ready to proceed on allocated dates. This gives rise to adjournments, which can have a major impact on the time taken to complete the hearing of a case and on the number of cases which are listed in a court sitting.

Domestic violence applications are prioritised in all District Courts throughout the country. Applications such as Protection Orders are prioritised in the District Court and they are usually granted where the Court so decides on the date the application is made to the Court. Typically interim barring orders, which are also an emergency application, are also made ex parte and granted on the date of application. There are, therefore, no delays in dealing with such applications.

In provincial locations Barring Order applications are generally listed for the next dedicated family law day (most Districts have at least 1 day per month dedicated to family law only). This means that such cases are generally listed for hearing between 2 - 6 weeks from the issue date. There are exceptions, however, and in some instances the first listing for the hearing of a barring order summons may be up to 14 weeks. Applications for Barring Orders are prioritised within court lists and a decision is generally made on such applications on the first listing date. Where adjournments occur they are generally granted at the request of one or both parties.

The President of the District Court as well as the Courts Service will continue to monitor the position in regard to waiting times and the length of court lists and where possible appropriate consideration will be given to allocating additional judicial resources to address any issues that may arise.

The 2011-2016 Programme for Government contained a commitment to establish a “distinct and separate system of family courts to streamline family law court processes and make them more efficient and less costly” and draft legislation is in preparation to give effect to this commitment.

A working group comprised of the Department, the Courts Service and the Legal Aid Board is currently in place to examine, among other things, how the new Family Court would operate on the ground and what are the implications for family law cases.