Written answers

Thursday, 10 December 2020

Department of Justice and Equality

Legislative Measures

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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21. To ask the Tánaiste and Minister for Justice and Equality if she will report on the reform of the family law system including the Courts Service; her wider plans to reform this important area of law which impacts on many; and if she will make a statement on the matter. [41560/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I am determined to overhaul the operation of the Family Justice system, to ensure we have more efficient and user-friendly family court system, that puts the family at the centre of its work.

A Family Justice Oversight Group has recently been established in my department which, in addition to department officials, also includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth.

The Group held its first meeting in September and has been tasked with driving progress on the development of a national family justice system. The group is a high-level group that will co-ordinate the delivery of the various elements of this project.

I am due to meet with the Group in the morning where plans for a consultation process to be commenced in the New Year will be discussed. Recognising the importance of taking account of the voice of the child, a consultation aimed specifically at ascertaining the views of children who engage with the family justice system will also occur.

The consultation process will provide an opportunity for all those involved in family justice, both as practitioners and users, to participate in the development of a modernised national family justice system. This is not just about providing the necessary infrastructure, we need to ensure that all necessary ancillary supports are available to support the development of a robust and compassionate system.

The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and to provide for court procedures that support a less adversarial resolution of disputes.

In September, I secured Government approval to draft the Family Court Bill.

In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.

The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.

The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.

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