Written answers

Tuesday, 27 May 2025

Department of Justice and Equality

Legislative Programme

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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451. To ask the Tánaiste and Minister for Justice and Equality when he intends to commence the family-law division in the courts; and if he will make a statement on the matter. [26775/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Department of Justice is leading an ambitious programme of reform outlined in the first Family Justice Strategy which sets out a vision for a system refocused on the needs and rights of children, who are central to many family justice matters. One of the aims of the Strategy is to assist families to resolve their family justice issues in as straightforward a manner as possible.

The Family Courts Act 2024, is a key component of my Department's Family Justice Strategy and contains a number of of provisions designed to make the family court process more user-friendly and less costly. The legislation provides for the establishment of family court divisions within the existing court structures, a Family High Court, a Family Circuit Court, and a Family District Court. Judges who have specialist training or experience in dealing with family law matters will be assigned to the Family Courts divisions on a full-time basis.

Importantly, the Act contains a set of guiding principles for the family court system, making the best interests of the child a primary consideration in the conduct of all family law proceedings, operating in an efficient and user-friendly matter, and encouraging active case management by the courts.

As committed to in the Programme for Government, I intend to publish an implementation plan for a new Family Court System by the end of January 2026. An implementation team has been established within my Department and has recently concluded a series of initial stakeholder engagements, including an interactive workshop at the recent Family Justice Development Forum. This provided an opportunity to gain further insight into the perspectives of a broad range of family justice stakeholders on the development of an implementation plan.

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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452. To ask the Tánaiste and Minister for Justice and Equality to provide details of any regulations or legislation he intends to introduce to reduce legal fees in family-law litigation; the date by which he intends to introduce measures to reduce legal fees; and if he will make a statement on the matter. [26776/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Family Courts Act 2024 is a key component of my Department's Family Justice Strategy and contains a number of provisions designed to make the family court process more user-friendly and less costly. For example, Part 2 of the Act provides for guiding principles for the Family Courts which includes encouraging and facilitating as far as possible, the resolution of issues in dispute by means of alternative resolution methods, such as mediation. The Act also provides for improved levels of judicial expertise and training in family law matters and for the streamlining of family law proceedings.

A key goal of the Act is to enable a greater proportion of non-contentious family law matters to be dealt with at the least costly District Court level. This includes extending concurrent jurisdiction to include the Family District Court in a broad range of family law matters, which enables people to choose the simplest pathway through the family justice system where the circumstances of the case make it appropriate to do so.

As committed to in the Programme for Government, my Department is developing an implementation plan for the new Family Court System and an implementation team has been established who are currently concluding a period of initial stakeholder engagement.

More generally, the Report of the Review of the Administration of Civil Justice (known as the Kelly Report) made over 90 recommendations and the Civil Justice Efficiencies and Reform Measures plan was published in May 2022. This sets out how these ambitious reforms will be achieved, with the goal of facilitating easier, cheaper and quicker access to civil justice. The plan identifies a number of measures which have the aim of reducing legal costs, recognising that no one singular action will have the effect of sufficiently addressing the issue on its own. Implementation of the plan is overseen by the Implementation Group which is chaired by my Department

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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453. To ask the Tánaiste and Minister for Justice and Equality to provide details of any measures he intends to take to reduce delays in the legal system, and in particular delays, in the provision of High Court written judgments; if so, when such measures will be introduced; and if he will make a statement on the matter. [26777/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy will be aware, management of the courts, including matters related to the administration of the courts, is the responsibility of the Courts Service, which, under the provisions of the Courts Service Act 1998, is independent in exercising its functions. The conduct of court cases is furthermore a matter for the presiding judges, who are independent in the exercise of their judicial function, subject to only the Constitution and the law.

It is not possible for me, as the Minister for Justice, to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. As Minister for Justice, I am however committed to resourcing the courts and judiciary sufficiently to ensure efficient and timely access to justice.

Following the publication in February 2023 of the Report of the Judicial Planning Working Group (JPWG), the previous Government committed to an historic increase in judicial numbers to improve access to justice. The report recommended appointing 44 additional judges in two phases across the Court of Appeal, High, Circuit, and District Courts. A first phase of 24 additional judges was approved and appointed throughout 2023. Specifically, this comprised eight extra judges for the District Court, eight for the Circuit Court, six for the High Court and two for the Court of Appeal.

While I would like to emphasise, that any private or civil matter which is the subject of court proceedings is outside the scope of Ministerial official functions, the Courts Service have advised that due to the additional six judges allocated to the High Court, as part of the first phase of extra judges appointed in 2023, there is a move towards more ex tempore judgments in the High Court, since there is additional time available for individual judges to review case materials.

Following an impact assessment of the first phase of appointments on court business, Government approval was secured, on 22 October 2024, for the implementation of the recommended second phase of another 20 extra judges (two for the Court of Appeal and six each for the High, Circuit and District Courts) to meet the growing demands on the justice system and to further reduce long waiting times across the courts, including for the delivery of written judgments.

As outlined in the current Programme for Government, this Government is committed to putting these extra 20 judges in place within 12 months and I plan to introduce legislation to increase the number of judges set in statute accordingly later this year.

The Court Proceedings (Delays) Act 2024 provides parties with a right to conclusion of proceedings within a reasonable time and for compensation where that right is breached, via an independent assessment process.

Arrangements to operationalise the requirements of the Act are currently being finalised with a view to the Act being commenced this autumn.

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