Barry Heneghan (Dublin Bay North, Independent)
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188. To ask the Tánaiste and Minister for Justice and Equality whether consideration has been given to recognising a history of childhood abuse as a mitigating factor in judicial proceedings where a survivor retaliates against their abuser; and the reforms being considered to prevent prolonged adjournments of court cases which can cause significant distress to those with mental health challenges. [12944/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is important to emphasise that the conduct of any court case is a matter entirely for the presiding judge. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, including sentencing.

The court is required to impose a sentence which is proportionate not only to the crime, but to the specific context and circumstances of the case, identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

The Judicial Council Act 2019 provided for the establishment of an independent Judicial Council, and, within that body, a Sentencing Guidelines and Information Committee, which was established in 2020.

Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collating of information on sentences imposed by the courts and the dissemination of that information to judges and others. The Judicial Council is independent in the exercise of its functions and, as Minister for Justice, I have no role in relation to the operation of the Judicial Council or its Committees.

However, in line with the Programme for Government, I intend to review the sentencing guidelines legislation.

With respect to prolonged adjournments, I can assure the Deputy that it is a priority for my Department to ensure that the courts are resourced to administer justice efficiently and effectively. To this end, the Government endeavours to fill judicial vacancies at the earliest opportunity.

Following the publication in February 2023 of the Report of the Judicial Planning Working Group, the Government committed to a historic increase of the number of judges to facilitate more timely access to justice and to reduce waiting times and backlogs across the courts.

The final Report recommended that 44 additional judges should be appointed in two phases to the Court of Appeal, High, Circuit and District Courts. A first phase of 24 additional judges was approved and appointed by Government in 2023.

The Judicial Planning Working Group also recommended that a second tranche of 20 additional judges should be appointed following an assessment of the impact of the first phase. As committed to in the Programme for Government, the appointment of these judges will be taking place within 12 months.

I want to emphasise that assistance and supports are available for all people who are impacted by crime. Further information is published in the Victims Charter at www.victimscharter.ie.

In addition, the Crime Victims' Helpline is a confidential, national helpline funded by my Department. Outlined below are additional details of some of the support organisations that are also available to victims of crime:

• Anyone who has experienced sexual abuse or rape can contact their local Rape Crisis Centre or the National Rape Crisis Helpline on 1800 778 888 (operated by ) which offers confidential, information and support service. Further information is available at: www.victimassistance.ie
• Women’s Aid provide a 24-hour helpline and can be contacted 1800 341 900 or by email at helpline@womensaid.ie.
• HSE National Counselling Service, www.hse.ie/eng/services/list/4/mental-health-services/national-counselling-service/
• Samaritans (www.samaritans.org), their phone lines are open 24 hours a day, 365 days a year: Freecall 116 123.

Roderic O'Gorman (Dublin West, Green Party)
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189. To ask the Tánaiste and Minister for Justice and Equality for an update on the progress of the family justice strategy; when legislation will come before the Oireachtas; and if he will make a statement on the matter. [12467/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My Department is leading a programme of family justice reform outlined in the first Family Justice Strategy, published in November 2022. This Strategy sets out an ambitious 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. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.

The goals and actions outlined in the Strategy 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. A number of these actions have already been completed. For example, my Department published its policy paper on parental alienation in May 2023, setting out a series of recommendations to address this complex and challenging matter.

The Review of the Enforcement of Child Maintenance Orders was published on 7 January 2024. It examined how the current enforcement process works, the challenges associated with it and areas which may require reform. The review contains 26 recommendations on how the current system can be improved, and work is ongoing to implement those recommendations without delay. This includes the establishment of an interdepartmental committee to examine the development of a set of child maintenance guidelines. The work of this committee is underway.

My Department has reviewed the role of expert reports in private family law proceedings, including section 47 and section 32 reports, examining their commissioning, availability, content and use. Stemming from this research, my Department established a Voice of the Child Working Group which is taking forward some of the recommendations in the Review, including the development of a Children’s Court Advocate Pilot Project.

A key action under the Family Justice Strategy is to review the operation of the in-camera rule in family law proceedings. My Department issued a request for tender for this research and a research team led by UCC are undertaking the review. I am expecting the review’s final report to be submitted to my office in the coming weeks, after which the report will be published.

A further key component of the Strategy is the Family Courts Act 2024, which was signed into law in November 2024, and provides for the establishment of family court divisions within the existing court structures. The Programme for Government contains a commitment to developing an implementation plan for the Family Courts Act within the first 12 months of this Government.