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Court Procedures

Dáil Éireann Debate, Wednesday - 7 November 2012

Wednesday, 7 November 2012

Questions (151)

John Lyons

Question:

151. Deputy John Lyons asked the Minister for Justice and Equality if he will provide further information on his planned reforms of the family court system; the measures that will be implemented to make it a more transparent and open system; and if he will provide a timeline for the publication of any draft legislation in this area. [48899/12]

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Written answers

The Deputy will be aware that the Government recently approved in principle my proposals for reforms to our courts structures which will, in due course, require the holding of a constitutional referendum. The proposed reforms are intended, if approved in a referendum, to facilitate the establishment of a new separate family courts structure which will streamline family law court processes and make them more efficient and less costly. Considerable work will be necessary to develop these proposals and this has already commenced in my Department. A decision on the timing of the necessary referendum will be made at a later date.

In addition, on 31 October 2012 the Government approved my proposals for the urgent drafting of a Bill to amend the in camera rule in order to introduce greater transparency in the administration of family and child care law. The existing statutory privacy provisions in respect of family and child care court proceedings will be retained while allowing the attendance in court of bona fide members of the press as is the case in the trial of sexual offences. A strict prohibition will apply on reporting of material likely to identify the parties to the proceedings and any children to which the proceedings relate. Media access and reporting of cases will add transparency to the conduct of family law and child care proceedings and will provide valuable information on the operation of the law.

As I indicated in response to Question No. 10 of 24 October 2012, there are also alternatives to court available in the area of family law and I intend to bring forward, in the coming months, a Bill to promote mediation as a viable and cost effective alternative to court proceedings. The main objective of the Bill is the reduction of legal costs, the speeding up of dispute resolution and the lessening of the stress involved in court proceedings. These provisions are designed to ensure that the legal framework supports the parties in reaching an agreed and enduring resolution to their disputes where possible.

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