Written answers

Thursday, 1 July 2021

Department of Justice and Equality

Family Law Cases

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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352. To ask the Tánaiste and Minister for Justice and Equality if her plans to reform the family law court system can ensure that in future family law cases are held in local courts to facilitate the families concerned; and if she will make a statement on the matter. [35707/21]

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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353. To ask the Tánaiste and Minister for Justice and Equality if she will work with family and victim support organisations to provide an alternative to the planned system of regional family courts; and if she will make a statement on the matter. [35708/21]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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I propose to take Questions Nos. 352 and 353 together.

Family law reform is a major element of the 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 faster and less adversarial resolution of disputes in specialised centres.

In September 2020, the Government approved the drafting of a Family Court Bill along the lines of the General Scheme, which has been 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. The General Scheme has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.

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.

As part of its work, the Group is currently engaged in a consultation process where relevant stakeholders, the public, children and young people who engage with the family justice system will have an opportunity to give their views on how a modernised family justice system should look. Many family and victim support organisations have been part of this process and have helped to inform the Group’s work. The forthcoming strategy will also be informed by the extensive changes to court practices driven by the need to deliver court services, in particular family justice, during the pandemic, including the better scheduling of hearings and the ability for parties to participate remotely.

The overall aim of the programme of modernisation is to change the culture so that the focus of the family justice system is to meet the complex needs of people who need help with family justice issues in a person centred way.

The Deputy should also note that 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 individual court cases and the allocation of court business are entirely matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.

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