Dáil Éireann debate -
Thursday, 15 Oct 1992

Vol. 423 No. 6

Written Answers. - Court Business.

Joseph Doyle

Question:

34 Mr. Doyle asked the Minister for Justice whether his attention has been drawn to the fact that county registrars, outside the Dublin area, are not complying with section 32 of the Judicial Separation and Family Law Reform Act, 1989, as most county registrars are failing to set aside specific days in the court calendar for the hearing of circuit court family law cases and that where such days are set aside insufficient time is provided resulting in a substantial backlog of cases developing in a variety of circuits outside Dublin; and if he will take the appropriate action to resolve this difficulty.

Madeleine Taylor-Quinn

Question:

40 Mrs. Taylor-Quinn asked the Minister for Justice if his attention has been drawn to the huge increase in family law cases now being brought before the Circuit Court and (2) the inordinate delays in dealing with these; and if he will make a statement on the matter.

Minister for Justice (Mr. Flynn)

I propose to take Questions Nos. 34 and 40 together. The distribution of court business and the listing of cases is a matter for the judge or judges in each individual circuit. The county registrar can list cases only on the direction of the circuit judge.

Section 32 of the Judicial Separation and Family Law Reform Act, 1989, requires that Circuit Family Law Court hearings shall be held in a different place or at different times or on different days from those on which the ordinary sitting of the circuit court are held.

I am satisfied that county registrars, on the direction of the judges, are complying with this generally by setting aside specific days each term for the hearing of family law cases.

There are a few exceptions to this where the volume of family business is small and where separate sittings are not warranted and in these cases a separate time is allocated.

The question of whether sufficient time is set aside is a matter for the judge. It is my understanding, however, that where there are backlogs of cases this is caused, mainly, by the high number of adjournments granted to allow negotiations between the parties.

There has been an increase in the volume of family law cases being dealt with by the Circuit Court particularly since the introduction of the Judicial Separation and Family Law Reform Act, 1989, which effectively moved a majority of cases dealing with marital breakdown to the Circuit Court.

The subject of family courts is at present being examined by the Law Reform Commission and the Government propose to consider that subject further when the commission's report has been received. In the meanwhile I am keeping the situation under review and I will be asking the Circuit Court rules committee to consider procedures which would expedite family law cases in the Circuit Court.