asked the Minister for Justice if he will establish a registry of family law judgments from which information can be obtained on the way in which the law in such cases is interpreted and administered.
Written Answers. - Family Law.
776.
Limerick East): Copies of written judgments of the Superior Courts are available from the Supreme and High Court Offices on payment of specified fees. Copies are supplied free of charge to the law faculties of the universities and to other educational institutions. Copies are also supplied free of charge to the Incorporated Law Society, to the Law Library, to the Oireachtas Library, and to the Incorporated Council of Law Reporting for publication in the Irish Reports if they are deemed by that council to be of sufficient importance. I understand, however, that in certain family law cases, where confidentiality may be in question, judicial directions are given that copies of judgments should not be circulated and should be provided only to the parties involved in the proceedings.
Written judgments are rarely given in the Circuit Court and written judgments are never given in the District Court.
I have no reason to think that the existing arrangements, which I have outlined, for making available Superior Court judgments are not adequate.
777.
asked the Minister for Justice the number of family law cases in which legal aid has been granted since its inception; and if this figure could be broken down to define the number of wives and the number of husbands to whom such aid has been granted; and if he will also identify the number of applications which were made since such aid became available.
Limerick East): The total number of persons who applied for legal services under the scheme of civil legal aid and advice up to the end of 1981 was 7,712. In that period 4,328 persons were given legal advice only and of these 2,755 persons were concerned with family law matters. Legal representation in court — as well as legal advice — was provided for 2,009 persons of whom 1,904 were concerned with family law matters. The statistics for the subsequent period are not available and I am informed by the board that the figures could not be compiled at this stage without serious disruption of the board's work. They will be compiled later for inclusion in the board's annual report.
There is no breakdown of these figures as between husbands and wives.
Statistical information in relation to the provision of services under the scheme is contained in the annual reports of the Legal Aid Board for the years 1980 and 1981 which have been laid before the Houses of the Oireachtas.
778.
asked the Minister for Justice if in view of the recent overruling by the High Court of an estranged father's objection to the provision of a passport for one of his children and the successful application to the court by the child's mother for a temporary passport, he will consider amending the legislation dealing with such matters.
Limerick East): I am not aware of any judgment of the High Court which indicates a need for amendment of the legislation for which I have responsibility in relation to the rights of parents vis-á-vis their children or vice versa. Moreover, and without wishing to comment on any particular case, I would consider it as perfectly normal for the court to overrule a spouse's objection to the other spouse's travel arrangements where the court is satisfied that this is in the interest of their child's welfare. Section 3 of the Guardianship of Infants Act, 1964, requires the court to have regard to the welfare of the child as the first and paramount consideration in deciding any question affecting the upbringing of the child.