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Dáil Éireann debate -
Wednesday, 23 May 2001

Vol. 536 No. 6

Written Answers. - Family Law Courts.

Bernard J. Durkan

Question:

74 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied that adequate resources are available to deal with judicial separation and divorce; if the facilities and services available to the family law courts are adequate to meet demand; and if he will make a statement on the matter. [15047/01]

Bernard J. Durkan

Question:

210 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he has examined the workload of the family law courts with particular reference to the number of cases currently on hand; the number pending; and the waiting time for cases to be heard; and if he will make a statement on the matter. [15315/01]

I propose to take Questions Nos. 74 and 210 together.

The Deputy will appreciate that the allocation of resources within the courts system is a matter for the board of the Courts Service. As Minister, I have ensured that the financial allocation to the courts has been substantially increased year by year, from £30.5 million in 1997 to £57.4 million in 2000, which represents an increase of 88%.

Most judicial separation and divorce cases are heard before the Circuit Court. I am aware that delays do exist in a number of circuits in family law matters, which is a matter of concern. Accordingly, since taking office, I have arranged for an increase in the number of Circuit Court judges by two to 28, which is the statutory maximum. The most recent appointment was made last January.

The distribution of the business of the Circuit Court is, of course, a matter for the President of the Circuit Court. The increase in the numbers of judges will, however, assist the president in dealing with delays, in so far as these may be attributable to a shortage of judges.

The Deputy will be aware that the provision of court statistics is a matter for the Courts Service and I no longer have direct responsibility in this regard. However, I understand that in the year ending 31 July 2000, 1,621 judicial separation applications and 3,346 divorce applications were received by the courts. In the same year, 1,035 judicial separations and 2,623 divorce applications were granted. Despite the steady increase in the number of divorce cases being received by the courts – 2,761 applications in year ending 31 July 1998, 3,316 applications in year ending 31 January 1999 and 3,346 applications in year ending 31 July 2000 – the periods leading up to the hearing of applications for judicial separation or divorce have been substantially reduced. Where both parties are ready to proceed, applications for judicial separation or divorce will in most provincial circuits be heard at the next circuit court sittings. In Cork, the corresponding period is two months for consent applications for judicial separation or divorce and 12 months in respect of contested cases. In Dublin, the corresponding period in respect of consent applications is only one month and approximately seven months for contested cases.

The Courts Service is extremely conscious of the emotional distress and anxiety family law cases can cause for all the parties concerned and is committed to reducing as far as it is within its control any delays in hearing such cases and in improving the facilities, information and service available to family law litigants. To this end a sub-committee of the Courts Service board has been established to review the current procedure and manner in which family law is dealt with by the courts and to make recommendations for change thereto. A pilot project for the reporting of family law cases has commenced in the Dublin family courts. This will be the first time that such cases will be reported and it is hoped that this reporting will assist in future planning for the needs of family law litigants.
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