Written answers
Tuesday, 9 July 2024
Department of Justice and Equality
Legislative Measures
Paul Donnelly (Dublin West, Sinn Fein)
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539. To ask the Tánaiste and Minister for Justice and Equality if she has plans to update the Criminal Justice (Public Order) Act 2003. [29683/24]
Helen McEntee (Meath East, Fine Gael)
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There are no plans at present to amend the Public Order Act. I can, however, advise the Deputy that under the Intoxicating Liquor Bill 2024, which is currently being drafted, it is proposed that An Garda Síochána will be given the power to apply to the District Court for a temporary closure order where a licensee has failed to comply with a direction to preserve order on their premises.
Patrick Costello (Dublin South Central, Green Party)
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540. To ask the Tánaiste and Minister for Justice and Equality if she will legislate to replicate the child law reporting project for private family law cases. [29694/24]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Strategy outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
To date, various actions in the Strategy have already been completed. These include the completion of policy reviews on parental alienation, the enforcement of child maintenance orders, and the role of expert reports in family law. The Courts Service has launched its Family Law Information Hub and 360 tour. The Legal Aid Board has established its panel of private mediators to enhance the roll-out of family mediation services across the country. Other actions are underway, or are due to commence, including establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.
Goal six of the strategy relates to Data and Information Management. The aim of this goal is to develop better ways to manage, collect and share information within the family justice system, maintaining privacy and dignity of users but allowing for better case management, statistical reporting and evidence based decision making. There are a number of actions under this goal, many relating to research. The Department has already commissioned research to examine the operation of the in camera rule, which is underway.
The goal also contains an action to examine the feasibility of establishing a family law case reporting system, including trialling a project to analyse case outcomes, judgements and decisions to produce summaries in plain language of various case types; and subsequent to this, producing a guideline for regular, established public reporting of case outcomes, decisions and judgements in family law as a matter of course across all court jurisdictions. I intend to publish a tender for this work in the second half of this year and will make a further announcement in that regard in due course.
This initiative will not require legislation in that section 40(3) of the Civil Liability and Courts Act 2004, as amended by the Courts and Civil Law (Miscellaneous Provisions) Act 2013, makes provision for the preparation and publication of reports of family law proceedings. The Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005 (S.I. No. 337 of 2005) specify the classes of persons who may attend family law proceedings and have access to relevant court documents for the purpose of publishing reports on the proceedings.
Patrick Costello (Dublin South Central, Green Party)
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541. To ask the Tánaiste and Minister for Justice and Equality if she will review the law regarding Section 27 reports. [29695/24]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
On 13 June 2024 I published a wide-ranging review of the role of expert reports in the family law process. This review looked at the commissioning, availability, content and use of reports ordered under s.32 of the Guardianship of Infants Act, s.47 of the Family Law Act 1995 and s.27 of the Domestic Violence Act 2018.
This comprehensive review undertaken by my Department sets out 20 recommendations for reform. When implemented, these actions will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
These changes are just one piece – but an important piece – of a reformed family justice system. When implemented, these recommendations will improve the quality of expert reports in family law proceedings and will standardise practises relating to how they are commissioned and by whom. Reports support the judiciary in their decision making and help to ensure that children are at the centre of the decisions they make.
Following on from the review of role of expert reports, my Department will establish a Voice of the Child Working Group to ensure children’s constitutional rights to be heard in family law proceedings continue to be upheld. In addition to examining other ways in which the voice of children may be heard in family law proceedings, the Group will also develop a Voice of the Child Report Template and work on establishing the Children’s Court Advocate Pilot Project – key recommendations in the Review.
The Department is also establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.
The recommendations in the Review of the Role of Expert Reports in Family Law Proceedings are ambitious and seek to address all of the issues raised in the consultations with stakeholders. Their implementation will ensure that our constitutional obligation to hear children’s views and that their best interests be the paramount consideration are truly fulfilled. They will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
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