asked the Minister for Justice his proposals to improve procedures relative to the administration of family law; and when he proposes to introduce them.
17.
Ceisteanna—Questions. Oral Answers. - Family Law and Court Administration.
16.
asked the Minister for Justice his proposals for the revision and improvement of the administration of the courts.
18.
asked the Minister for Justice if he is satisfied that adequate facilities exist in the district courts to cater for the increased work load arising out of the passage of recent family law legislation.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 16, 17 and 18 together.
Court procedure, in the narrower sense of that term, is a matter which is regulated and kept under review by court rules committees. These are expert committees consisting of judges of the various courts and members of both branches of the legal profession. Apart from the activities of these committees, court procedure has also been subject to review by the Committee on Court Practice and Procedure which sits under the chairmanship of Mr. Justice Walsh of the Supreme Court. That committee has made a series of reports on various aspects of the subject, not all of which have as yet been considered. I am hoping to make arrangements which will result in action being taken as soon as possible on all outstanding reports of this committee.
Other aspects of court administration, such as personnel requirements, accommodation and other facilities, are the subject of continual review, updating and improvement by my Department.
With regard to the administration of family law, I accept the desirability to improve, where possible, court and court office accommodation so as to make it more suitable for the particular needs of family law cases, and I am glad to say that in Dublin plans are already well advanced for providing the courts with additional accommodation of that sort. Plans for improvements in this respect are also being incorporated in the proposed reconstruction of the courthouse in Waterford and every effort will be made to see what may be possible in a number of other areas, though I think it right to say that my information is that there are likely to be major difficulties in quite a few places.
The additional work arising in certain court offices—including District Court offices—from recent family law legislation is taken into account in assessing the staffing requirements of those offices, and some additional posts have, in fact, already been created on this basis.
Will the Minister say, in relation to the administration of family law in the Dublin area, whether there is undue delay in providing the required additional accommodation? I am asking the question in view of a reply given by the Minister's predecessor that he expected to have the accommodation available at the end of last summer.
I would like to assure Deputy Mrs. Desmond that she would be wrong in assuming I or the Department or the Government will slow down in any way on an undertaking given by my predecessor. In actual fact, the opposite is the case. I have given instructions that the work must be speeded up.
Could the Minister say when he expects to have the accommodation available?
I have not got an approximate date right now but the accommodation should be ready by the end of the year. That is the current advice I have got and I would hope that that advice would prove to be correct. I, too, want to see this finished.
Will the accommodation involve waiting rooms and consultation rooms for women awaiting attachment orders and maintenance orders so that the parties will not have to meet face to face and will there be improved staffing?
I think so. I am almost certain that all these things will be provided.
Could the Minister give us an outline of his own ideas relative to the commitment in the Fianna Fáil manifesto that the administration of the courts would be revised and improved in view of the fact that justice delayed is justice denied and also relative to new, informal and less institutionalised procedures and tribunals established in relation to family law? What exactly does the Minister have in mind behind these commitments?
I am in the process of putting together a package in this particular area which I shall have ready as soon as possible and the value of which, I am sure, the Deputy will appreciate when it is available.
Without being unfair to the Minister, may I take it that these commitments were entered into without any thought as to how they would be implemented?
The Deputy would be very unwise if he thought that.
When may we expect to have this package?
May I say that the Fianna Fáil manifesto is the programme of the Fianna Fáil Party which the Government will implement while that party is in Government.
Is it too early to ask for any details of how any of these commitments will be implemented?
If the Deputy is worried that these commitments will not be implemented, I would like to assure him now that he need have no anxiety at all with regard to them.
Having regard to the very poor track record of court committees for either speed or radicalism in reform, would the Minister consider making his own decisions without waiting for this snail of a court committee to arrive at its destination?
Deputy Ryan should be one Deputy who knows full well what happens when he goes off at half cock under his own steam without fully considering everything that has to be considered and without taking advice from those competent to give advice.
If reform is dependent on court committees, I can assure the Minister it will never occur and the track record proves that. It is over-weighted by those who want to preserve the establishment and the status quo.
I am quite prepared to give the committee a chance and I can assure the Deputy, and the House, if there is any semblance of a snail's pace, I will get that snail off the ground ever so quickly.
I have warned the Minister.