Catherine Connolly (Galway West, Independent)
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536. To ask the Tánaiste and Minister for Justice and Equality if he will provide details of any analysis carried out or commissioned by his Department, or bodies under the aegis of his Department, regarding the pilot (details supplied) undertaken by the Legal Aid Board in relation to online family mediation during the Covid-19 pandemic; if this pilot is still underway; and if he will make a statement on the matter. [24175/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011, which gave the Board the additional responsibility to provide a family mediation service.

Section 3(3) of the Act provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.

However, to be of assistance to the Deputy, I have had enquiries made with the Legal Aid Board, and I am informed that the Legal Aid Board piloted online family mediation in order to deliver its services in the context of the COVID 19 pandemic and to adhere to social distancing restrictions. Since the ending of public health restrictions, the Legal Aid Board’s family mediation service has reverted to primarily in-person mediation.

I am further informed that a review took place in 2021 which was largely positive and, as a result, all mediators are now able to provide online mediation, where required. The Board’s Strategy 2021 – 2023 confirms that it will offer mediation through the use of technology to those that are not within easy reach of its services, where it is appropriate to do so. I understand that the consent of both parties is required before online mediation is offered.

I understand also that the Legal Aid Board surveys its clients to ascertain their views of the Board’s service, including in relation to online mediation.

Catherine Connolly (Galway West, Independent)
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537. To ask the Tánaiste and Minister for Justice and Equality the actions being taken to address lengthy waiting lists for the mediation service provided by the Legal Aid Board; if he will provide details of any guidelines in place regarding target waiting times for mediation services; and if he will make a statement on the matter. [24176/23]

Simon Harris (Wicklow, Fine Gael)
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The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011, which gave the Board the additional responsibility to provide a family mediation service.

Section 3(3) of the Act provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.

However, to be of assistance to the Deputy, I have had enquiries made with the Legal Aid Board. The Board operates a total of 30 full-time law centres along with a number of part-time centres, and three specialist legal offices. It also operates 17 family mediation centres. Eight of the law centres and family mediation offices are co-located.

I am further informed that the Legal Aid Board’s Family Mediation Strategy outlines a target waiting time of 14 weeks to access the services of a mediator. I understand that as of April 2023 the average waiting time is 17 weeks.

I understand that waiting lists for mediation are regularly triaged at national level and, where clients who are based in a particular region give their consent, they are offered online mediation from another office with a shorter waiting list.

I am informed that a competition has recently been announced by the Legal Aid Board to fill a number of mediator vacancies.

Ministerial approval was also given in July 2022 to establish a Private Practitioner Mediator Panel who would take mediation cases on referral from the Legal Aid Board. A Panel has been established and I am informed that the referral of cases will begin shortly.

Catherine Connolly (Galway West, Independent)
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538. To ask the Tánaiste and Minister for Justice and Equality the timeline for the full commencement of the Mediation Act 2017; the timeline for the establishment of the mediation council; and if he will make a statement on the matter. [24177/23]

Simon Harris (Wicklow, Fine Gael)
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On 8 December 2017, the then Minister for Justice signed the Commencement Order bringing all sections of the Mediation Act 2017 into effect on 1 January 2018 (S.I. 591 of 2017).

The formation of the Mediation Council of Ireland is a key component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play a crucial role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators.

Before a Ministerial Order can be made to designate a body as the Mediation Council of Ireland, the Mediation Council will first need to be established in its full membership of not less than eleven members, of which six, including the chair, must be public interest members. The Council must also act under its own agreed terms of association as intended by the Oireachtas under the relevant legislation.

I, as Minister for Justice, am obliged to publish any draft Order for a 30-day period of response and to bring it before both Houses of the Oireachtas for resolutions of approval before the Order can be completed. This places a high burden on all concerned to have a properly established cohesive entity in place that is sufficiently representative of mediation interests involved in the mediation sector that meets the minimum requirements set by the relevant legislation.

Following renewed efforts by the mediation sector in the last year or so to advance with the proposed Mediation Council’s establishment to a stage whereby I, as Minister for Justice, can be in a position to designate the body, a plenary meeting of the sector was held in February 2023 with officials from my Department in attendance. That meeting identified issues around structure, membership and finance that arise in the establishment of a Mediation Council. My Department will engage further with the sector through 2023 to support work leading to a Mediation Council being put in place.