Vol. 373 No. 10
asked the Minister for Justice the reforms, if any, he intends introducing in the existing court procedures for dealing with family law cases to minimise the legal trauma for all involved; and the new court procedure, if any, he intends introducing which will shift the emphasis in family law litigation from confrontation to factual inquiry.
14.
asked the Minister for Justice if he will outline his approach to the need for further reforms of family law; whether he intends to introduce any further such reform; and if he will make a statement on the matter.
18.
asked the Minister for Justice if he will as a matter of urgency establish a family court which will have available to it expert consultants and other specialists so that family law matters can be dealt with in a sensitive and appropriate manner; and if he will make a statement on the matter.
I propose to take Priority Question No. 3 and Oral Questions Nos. 14 and 18 together.
There are certain proposals in the family law area which are under active consideration in my Department at the moment. These include proposals in relation to ownership of the family home; to amend the law on judicial separation, taking into account, also, the need for more informality in court procedures and for counselling; and to make certain amendments in the law on protection orders.
Beyond that and for reasons which have been explained recently in this House, I could not undertake to indicate by way of a reply to parliamentary questions what specific legislative proposals I might bring forward in a particular area. Any further proposals I may have in relation to the subject matter of these questions will be announced in the ordinary way in due course.
Is it proposed to set up a family court presided over by one of a number of judges of the Circuit Court specially assigned for that purpose in order to remove the inconsistency at present in dealing with family law cases? If this court is set up, will proceedings be heard in camera and will a conciliation service be attached to the court?
I understand that the question of the institution of family courts has not been considered in any great depth. It is clear, nevertheless, that any developed system of family courts could be very costly in buildings and staff and, therefore, is probably out of the question in present financial circumstances. The initial advice to me is that the best which can be hoped for in these circumstances is a minimal provision to bring about more informality in family law procedures. The Law Reform Commission have yet to make any detailed proposals on family type court structures but their President recently indicated that they intend to take up this matter in the near future.
Is the Minister not aware that his own Department produced a statement on the Government's intentions in regard to marriage, separation and divorce in June 1986? The publication specifically outlined the proposal for a family court, the reason for having such a court, why judges of the Circuit Court should be specially assigned for the purpose and a number of other issues such as a conciliation service attached to the court——
Quotations are not in order at Question Time.
I am not quoting.
The Deputy has a leaflet in his hand and the Chair assumes he is quoting.
He is trying to illustrate to the Minister that the document exists.
It is of vital importance that the Minister and his Department should set up a family court immediately and he does not need me to tell him of the inappropriateness of the present procedures in dealing with family law cases. There must be procedures of a less formal and confrontational nature than those existing at present——
The Deputy will appreciate that there are three other Priority Questions which the Chair is anxious to dispose of within the prescribed time. Will the Deputy please cooperate in this regrad?
Does the Minister intend to introduce proposals to raise to 18 the age at which a person may get married?
In relation to the Family Court, I am aware that there are very strong criticisms of the difficulties experienced by those involved. I am also aware that there is a great desire to improve the situation. The matter is being examined in great depth; when I am in a position to bring proposals to the Government and when they decide to act on them I will be in a position to make an announcement.
Deputy Barrett rose.
The Deputy is unfair in seeking to ask another question. I am calling Question No. 34.
