Dáil Éireann debate -
Wednesday, 30 Jan 2002

Vol. 547 No. 1

Written Answers. - Court Procedures.

John Perry

Question:

950 Mr. Perry asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties encountered by a person (details supplied) in County Sligo; and if he will make a statement on the matter. [1671/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I can confirm that recently I responded to correspondence received from the chairperson of the organisation referred to. It would not be appropriate for me to comment on individual cases which have been or may be before the courts. The Deputy will appreciate that it is outside the scope of my official functions as Minister to give legal advice and that, as the courts are independent in the exercise of their functions, I cannot intervene in any way.

In so far as the hearing of family law business generally is concerned, I might mention that 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 to the board in relation thereto. If, arising from the work of this sub-committee, which is ongoing, the board decides to make formal proposals to me in relation to legislative change or any other matters which may lie within my area of responsibility as Minister, I will, of course, give such proposals my full consideration.

As regards access orders, section 5 of the Courts (No. 2) Act, 1986, as amended, provides that, without prejudice to the law as to contempt of court, any person having the actual custody of a child, who has been given or shown a copy of a custody or access order made by the District Court relating to that child and who fails or refuses to give up the child to the person who has been granted custody or to allow the person entitled to access to have such access, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 1,904.16, £1,500, or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or both.

It is, of course, open to the guardian of a child to apply to the District Court or Circuit Court for its direction on any question affecting the welfare of the child and the court may make such order, including an access order, as it thinks proper. The court is required to regard the welfare of the child as the first and paramount consideration.

Question No. 951 answered with Question No. 935.