Written answers
Wednesday, 9 October 2024
Department of Justice and Equality
Courts Service
Patricia Ryan (Kildare South, Sinn Fein)
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142. To ask the Tánaiste and Minister for Justice and Equality the measures in place, or planned in the future, to make the family court system more accessible and more transparent for victims of domestic violence, specifically where the enforcement and policing of safety order and barring orders and breaches of same. [40363/24]
Patricia Ryan (Kildare South, Sinn Fein)
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143. To ask the Tánaiste and Minister for Justice and Equality with regard to the family court system, the plans for reform of the system, for applicants seeking relief in domestic abuse and domestic violence cases, where the burden of proof falls inequitably on the victim, and where the in-camera nature of the proceedings entrenches and perpetuates the disadvantage of those using the system. [40364/24]
Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 142 and 143 together.
As Minister, I am fully committed to reforming the family justice system in Ireland. I am also acutely aware of the need for vulnerable victims to be supported.
In November 2022 I published the Family Justice Strategy, which 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.
These actions will ensure our family justice system works better for everyone engaging with it, but particularly for those who need additional supports and protections, such as domestic violence victims.
One of the goals of the Family Justice Strategy focusses on improving data collection and sharing.
It has been noted that there can be a disconnect between the civil and criminal systems in terms of family justice matters. Problems regarding information sharing between these separate systems can arise due to the in-camera rule, which is in place to protect the privacy and dignity of parties to a family law proceeding.
There is a specific action in the Strategy to commission research, examining the limits of the in-camera rule and to identify the necessary changes, in order to provide a system where court decisions and judgements are accessible to those who need them, while still protecting the privacy of all those involved.
My Department issued a request for tender for this research and a contract has been signed with a research team led by UCC who have commenced the research which will be published upon completion.
The primary aims of the research are to:
- review the current operation of the in-camera rule in its entirety;
- analyse issues with the current operation, including but not limited to identifying the challenges and benefits of the law, and the statutory exceptions which permit research and reporting on cases; and
- make recommendations relating to reform of the law which can enhance clarity and transparency and offer the necessary protections for those involved in proceedings.
The Family Justice Strategy also commits to establishing a Working Group to review existing training needs for those working within family justice, to ensure that they have a deeper and more realistic understanding of victims experiences. The first meeting of the Working Group was held in July.
A key component of the Family Justice Strategy is the development of a Family Courts Bill 2022, which provides for the establishment of family court divisions within the existing court structures.
Once enacted there will be a Family High Court, a Family Circuit Court and a Family District Court, each dealing with family law matters as appropriate to its jurisdiction. Each of these Family Courts will have judges with appropriate specialist knowledge assigned to them on a full-time basis, and the Bill also provides for ongoing professional training in the area of family law.
The Bill includes a set of guiding principles for the family court system to make the best interests of the child a primary consideration in all family law proceedings, to operate in an efficient and user-friendly manner and to encourage active case management by the courts.
Additional wording has been inserted in the Bill’s guiding principles for the conduct of family law proceedings in the Family Courts Bill at Seanad Committee Stage. This is aimed at ensuring the safety of parties to proceedings is considered, including when considering whether parties should engage in mediation or other forms of ADR.
New provisions regarding prohibition on personal cross examination have also been inserted, similar to those in the Domestic Violence Act 2018.
My Department is also examining the question of broadening the court accompaniment provisions to build on and ensure consistency with the court accompaniment provision in the Domestic Violence Act 2018. This is in line with recommendations contained in the Report on the Intersection of the Criminal Justice, Private Family Law and Public Law Childcare Processes in Relation to Domestic and Sexual Violence, prepared by Nuala Egan and Ellen O’Malley Dunlop.
My Department of Justice will engage further on this issue and will consider hosting a discussion meeting to explore the practical consequences that may arise.
The Various actions that have already been completed are noted in the progress report on the Family Justice Strategy, which was published on 23 September and is available here: www.gov.ie/en/publication/ba1a5-progress-report-on-the-family-justice-strategy-2022-2025/.
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