Dáil Éireann Debate, Wednesday - 24 October 2012
10. Deputy Michael Colreavy asked the Minister for Justice and Equality his plans to reform the family law and family courts system here to address the delays, cramped and stressful court conditions and increasing legal bills that families are currently facing. [46418/12]
View answerThe Deputy will be aware that the Government recently approved in principle my proposals for reforms to our courts structures which will, in due course, require the holding of a Constitutional referendum. The proposed reforms are intended, if approved in a referendum, to facilitate the establishment of a new separate Family Courts structure which will streamline family law court processes and make them more efficient and less costly. Considerable work will be necessary to develop these proposals and this has already commenced in my Department. A decision on the timing of the necessary referendum will be made at a later date.
In the shorter term, I am assured that the Courts Service works closely with the judiciary to ensure that all cases are dealt with as quickly as possible. The usual practice is that additional judges are assigned by Court Presidents to assist in areas where backlogs have arisen. As the Deputy may be aware, there were a large number of retirements from the Bench in late 2011 and early 2012 which resulted in eight vacancies on the District Court and seven on the Circuit Court. In those circumstances I am informed that it was necessary to give priority to criminal cases and this had an impact on waiting times for family law and other cases. However, the Government moved quickly to fill those posts and there is now a full complement of judges on both courts. The President of the Circuit Court is assigning additional judges to venues where the most serious family law delays exist and special sittings are regularly arranged in the District Court to deal with family law backlogs. I am also advised that the President of the District Court has recently issued a practice direction in child care cases to practitioners in Dublin with a view to improved case management and prompt disposal of cases.
There are, however, alternatives to court available in the area of family law. I intend to bring forward, in the coming months, a Bill to promote mediation as a viable and cost effective alternative to court proceedings. The main objective of the Bill is the reduction of legal costs, the speeding up of dispute resolution and the lessening of the stress involved in court proceedings. These provisions are designed to ensure that the legal framework supports the parties in reaching an agreed and enduring resolution to their disputes where possible.
This measure will further enhance a successful tripartite initiative between the Courts Service, the Legal Aid Board and the Family Mediation Service which has been operating in the Dublin District Family Law Courts in Dolphin House since March 2011. The objective is to offer an alternative to a court determined outcome and a more appropriate means of resolving certain family disputes through mediation. This project has resulted in a total of 224 agreements finalised between January and August of this year without recourse to the courts and I understand it is being extended further to Naas and Cork at present.
