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Dáil Éireann debate -
Tuesday, 14 Dec 1993

Vol. 437 No. 2

Ceisteanna—Questions. Oral Answers. - Law Reform Commission Report.

Alan Shatter

Question:

1 Mr. Shatter asked the Taoiseach whether he has received the report or working paper being prepared by the Law Reform Commission on the courts and family law proceedings; when the report will be published; and whether it recommends the establishment of family courts.

The Deputy will be aware that the Law Reform Commission, which is an independent body under the chairmanship of Mr. Justice Anthony Hederman, works to a programme and the timing of the publication of reports is a matter for the commission itself.

The commission is currently preparing reports on a wide range of topics, each requiring extensive research and consultation with interested parties. I understand that work on the Consultation Paper on Family Courts is at an advanced stage.

While the Attorney General may, from time to time, request the commission to examine particular issues, it would be disruptive and unhelpful to set deadlines for the publication of specific reports.

Is the Taoiseach aware that when marriages break down family cases in the courts are particularly traumatic for those involved? Will he accept that the current facilities available in courts throughout the country are grossly inadequate, that in some cases there is a lack of skill on the part of some members of the Judiciary to deal with such cases and that they lack back-up services? In that context is the Taoiseach in a position to indicate to the House a date by which it is expected he will receive the report? If it has not already been done, will he ask the Attorney General to request the Law Reform Commission to report on this matter urgently and that it is given priority, as happened in regard to other issues?

I appreciate the Deputy's concern in regard to this matter and I assure him that no time will be lost in so far as the Government is concerned. I pointed out to the Deputy that the timing of publication of reports is a matter for the Commission, not for us. However, I appreciate the urgency the Deputy attaches to this matter and I will convey his concern to the Attorney General.

I thank the Taoiseach for his helpful reply, although he may not expect me to say that. In the context of such a communication from the Attorney General's office to the Law Reform Commission, will he and the Government bear in mind that unless a radical overhaul of the courts structure takes place, particularly as it deals with family law and marriage breakdown cases, the courts will be overwhelmed by many thousands of cases brought by people whose marriages have been broken down for many decades if a divorce referendum is held and is successful?

I ask for brevity at this stage as there is a time limit on questions to the Taoiseach today.

It is particularly urgent that not only should the Government receive this report, but that it should make decisions on it before a divorce referendum is held.

The Deputy is making statements rather than asking questions.

The concerns expressed by Deputy Shatter are the subject of commitments in the Programme for Government and he can be assured they will be carried out to the full.

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