Written answers

Wednesday, 24 March 2021

Department of Justice and Equality

Family Law Cases

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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1220. To ask the Tánaiste and Minister for Justice and Equality if she will consider a White Paper policy response to implement the non-legislative aspects of the Oireachtas Joint Committee on Justice and Equality report on reform of the family law system. [14368/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Family law reform is a major element of my Justice Plan 2021. 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 provide for court procedures that support a less adversarial resolution of disputes where this is possible and appropriate. In September 2020, the Government approved the drafting of a Family Court Bill along the lines of the General Scheme which I have published.  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. 

While there are currently no plans for a white paper, the Deputy will be aware that separately from the forthcoming legislation, and also in September 2020, the Family Justice Oversight Group was established by my Department. This group will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill.  The establishment of this group recognises the need to involve the key state bodies who will need to deliver this substantial reform at the earliest stage in the process. Membership of this group includes officials from my department as well as representatives from the Courts Service, the Legal Aid Board and officials from the Department of Children, Equality, Disability, Integration and Youth. In addition, the Chief Justice has nominated three members of the judiciary to the group representing the district, circuit and high courts - all of whom have extensive experience of dealing with family law cases - to contribute on the practical elements of implementing this change.

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 Justice Plan 2021 also provides for the commencement of a review of the Civil Legal Aid Scheme this year.  Review of the scheme was recommended by the Joint Oireachtas Committee on Justice and Equality in its report on the Reform of the Family Law System.

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