Finian McGrath
Question:247 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will examine documentation (details supplied) on family law; and his views on the many important issues raised in the submission. [19041/03]
Vol. 570 No. 3
247 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will examine documentation (details supplied) on family law; and his views on the many important issues raised in the submission. [19041/03]
The administration of justice is a matter for the courts, in which I have no role. It is advocated in this documentation that judges should not be independent in their duties and functions but should be answerable to my Department. It should go without saying that I cannot accept this point which would involve constitutional change of the most fundamental kind and radically alter our system of government in a way which would be incompatible with Ireland's place in the international community. In so far as judges are criticised because of an alleged lack of courtesy towards litigants, an Agreed Programme for Government contains a commitment to bring forward legislation to provide effective remedies for complaints about judicial misbehaviour including lay participation in the investigation of complaints. I hope to be in a position to publish the Bill early next year.
As regards the hearing of family law cases in general, I propose to change the in camera rule so as to allow for the general reporting of overall trends while continuing to respect the privacy of all those involved. I intend to publish the necessary legislation this year. Under the Guardianship of Infants Act, where in any proceedings before any court the custody, guardianship or upbringing of a child is in question, the court, in deciding that question, shall regard the welfare of the child as the first and paramount consideration. Similarly, decisions on access must be based on the child's welfare and I would not support any alternative provisions on these matters. It is most desirable that children maintain contact with both parents, subject to the overriding consideration that the welfare of the child must be paramount.