Dáil Éireann debate -
Thursday, 27 Feb 1997

Vol. 475 No. 6

Adjournment Debate. - Divorce Proceedings.

Mr. Shatter

I raise this matter as it would be wrong if the House did not recognise this landmark day in terms of social policy and welcome the coming into force of the divorce legislation. For the thousands of casualties of broken marriages this is a particularly important day as it extends to many the possibility and hope of legalising second relationships and to others recognition by the law that their marriages are at an end.

It is approximately 25 years since I first called for the introduction of constitutional changes to allow for divorce. I am very pleased to see the fruits of the referendum held in November 1995 coming into operation. The Government deserves to be congratulated for bringing us to this point. I would not like any of my remarks to take away from the congratulations it deserves for finally addressing this long outstanding social issue.

I want to begin by making a declaration of interest, although my not doing so may not give rise to a difficulty. It is no secret that I still wear my solicitor's hat outside the House and do a considerable amount of work in the family law area. I make this point lest anyone accuses me of having a vested interest in the issue.

As a practising lawyer who for many years has represented many people suffering the trauma of broken marriages, I am very anxious to ensure that people seeking divorce incur the minimum legal expense possible in resolving what for many is the final outstanding issue arising out of a broken marriage. Many people have long since sorted out the consequences of the breakdown of their marriage and there will be no disputes about property, finance and how their children should be cared for. In such cases the level of legal costs should be kept to a minimum.

I am concerned that the recently published rules of the Circuit Court will unnecessarily add to the complexity of divorce proceedings and increase legal costs. I want to make it clear that the rules have been put together by a committee and the Minister for Justice is not in any way at fault for this problem. The rules and documents prescribed for the processing of divorce proceedings are ideal in cases where couples contest financial issues or where there are disputes about children. The forms required will ensure that the maximum information is exchanged before any contentious issues have to be addressed by the courts.

My concern relates to the thousands of cases where there are no contentious issues as the husbands and wives have sorted out their problems and many of them are in second relationships. The documentation requiring elaborate background information will impose a burden on those people by asking them to reveal and detail information in which neither of them is interested. Such couples do not want to know the financial position of the other spouse and do not want to have to incur extra costs by requiring their solicitors to complete the drafts of complex documents which they must ultimately swear as affidavits. In cases where divorces are not contested, where couples have been living apart for many years and where neither wishes to raise financial issues of contention there should be a simpler documentary format for processing divorce proceedings. I ask the Minister to request the Circuit Court rules committee to reconsider this matter.

There is little doubt that the number of divorce cases will increase during 1997. If we do not put in place by 1998 new court structures and implement the recommendations of the Law Reform Commission on the reform of courts and the manner in which they deal with family cases the courts could face gridlock in terms of dealing with divorce cases and granting divorce decrees within a reasonable period of time.

Consideration must be given to the urgent implementation of the recommendations of the Law Reform Commission and, in so doing, to give courts dealing with divorce cases and other family problems the necessary back-up welfare services which are badly required and which are recommended by the Law Reform Commission. Such services are of particular importance in cases involving allegations of domestic violence or disputes about the custody and well-being of children.

Minister for Justice (Mrs. Owen)

I thank Deputy Shatter for raising this matter. It is appropriate that someone of his status and standing in the family law area should raise this matter on the day the Family Law (Divorce) Act comes into operation. He is continuing his interest and involvement in the courts and how they deal with family law.

The hearing of family law cases in the courts is a matter of great concern to me and I am committed to ensuring that all cases are dealt with in the most effective and efficient way possible. The Family Law (Divorce) Act, 1996, which came into operation today, provides that the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under the Act and shall, in relation to that jurisdiction, be known as the Circuit Family Court.

The Circuit Court Divorce Rules also came into operation today. These rules provide for procedures in relation to making applications to the Circuit Court under the Judicial Separation and Family Law Reform Act, 1989, the Family Law Act, 1995, and the Family Law (Divorce) Act, 1996. They also specify the forms to be used in the various applications. I assure Deputy Shatter that I will raise with the rules committee the points made by him. I received draft High Court Divorce Rules from the Superior Court Rules Committee on 21 February last. These are being examined by my Department and I hope they will be ready for publication next week. Court rules will also be required for the District Court to deal with the enforcement of maintenance orders made under the legislation. I understand that these rules are being drafted by the District Court Rules Committee. As Deputy Shatter pointed out, the rules are prepared by another body and I just have an examination brief over them. The rules are made by those committees.

A training programme for court managers and staff on recent family law legislation, with particular emphasis on the Divorce Act, 1996, has been initiated. This programme, in addition to providing information on the legislation, deals with rules of court and procedure for processing family law applications, including applications for divorce.

A total of eight new courtrooms are under construction in the former Richmond Hospital and Riverbank Theatre. These courtrooms will become available in April or May. It is my Department's policy that a family suite, consisting of a courtroom, two consultation rooms and two waiting areas, will be provided in major towns as part of the courts building programme. These facilities have already been provided in such places as Galway, Cork, Clonmel, Ballina and Ballinasloe over the past few years. They will also be available at the refurbished courthouse in Naas and the new one at Carrick-on-Shannon due to open for business in the very near future.

The issue of family courts is also being considered by the working group on a courts commission, under the chairmanship of the Honourable Mrs. Justice Susan Denham. I understand the working group will take the report of the Law Reform Commission on family courts into account in its deliberations. Deputy Shatter is absolutely right in urging that it does so because there is some very good advice in that report.

The provision of modern accommodation is just one of a number of areas which I will address in order to improve the operation of our courts system. I have also increased the number of judges and support staff to expedite access to the courts.

On 1 January 1995, just before I took over, there was a legislative provision for the appointment of 86 judges, that is, five Supreme Court judges, 17 High Court judges, 18 Circuit Court judges and 46 District Court judges. Today there is legislative provision for the appointment of 107 judges, that is, eight Supreme Court judges, 20 High Court judges, 28 Circuit Court judges and 51 District Court judges. To date, all but five of these posts have been filled. There are currently 26 judges serving in the Circuit Court.

My Department is currently in touch with the Department of Finance on the question of further additional support staff to cater for the expected increase in court business resulting from the implementation of the divorce legislation.

I have confidence that the measures I have taken, including the appointment of the additional judges and support staff to all courts, will provide the courts with the necessary resources to deal effectively with delays in the hearing of family law cases and assist in the prompt disposal of such cases in the future.