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Family Law Cases

Dáil Éireann Debate, Wednesday - 23 May 2018

Wednesday, 23 May 2018

Questions (50, 123)

John Brassil

Question:

50. Deputy John Brassil asked the Minister for Justice and Equality if the current family courts system will be examined, particularly with regard to County Kerry, to consider specific courts and judges to be assigned to family law cases; if the inclusion of a dedicated courtroom for family law, with consultation rooms, will be provided in the planning of the new infrastructure for Tralee courthouse; and if he will make a statement on the matter. [22378/18]

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John Brassil

Question:

123. Deputy John Brassil asked the Minister for Justice and Equality if consideration will be given to a specific court and judges being assigned to family law cases in County Kerry; and if a dedicated courtroom for family law with consultation rooms will be included in the planning of the new infrastructure for Tralee courthouse; and if he will make a statement on the matter. [22865/18]

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Written answers

I propose to take Questions Nos. 50 and 123 together.

The Government is committed to significant reform of the courts, including the establishment of a family law court structure that is streamlined, more efficient, and less costly.

My Department is currently working on the General Scheme of a Family Court Bill, which will aim to streamline family law court processes, clarify jurisdictional issues and provide for a set of guiding principles to help ensure that the Family Court will operate in a user-friendly and efficient manner. The intention is to establish a dedicated Family Court within the existing court structures.

The Family Court Bill will support the provisions in the Mediation Act 2017 by encouraging greater use of alternative dispute resolution to assist in more timely resolution of family law cases.

As the Deputy will appreciate, it is essential that there is proper planning and consultation with relevant stakeholders in order to ensure that the development of a new family court structure can be implemented smoothly and efficiently.

My Department has established a working group, comprising officials from my Department, the Courts Service and the Legal Aid Board, to examine the operational aspects relating to the Family Court. The intention is that the working group will develop an overall architecture for the new family court structure. The working group is consulting with other relevant stakeholders. Key issues arising in consultations include family court venues and facilities, resources and capital investment in family courts and integration of relevant family and child services to provide the best possible family law outcomes.

I hope to secure Government approval in the coming months for the General Scheme of a Family Court Bill. Once the General Scheme has been approved by Government, it will be referred to the Office of the Parliamentary Counsel for drafting and to the relevant Oireachtas Committee for pre-legislative scrutiny.

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business are matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that there is a high level of family law business in the District Court in Kerry. The current waiting time from when a case is ready to proceed is 4 to 6 weeks for listing of new cases. Additional sitting days are being provided by the District Court Judge for the hearing of family law cases and the position is being kept under review.

The Courts Service has advised that family law cases in the Circuit Court are actively managed by the County Registrar using case progression, motion days and call overs to ensure that business is dealt with as efficiently as possible. When a family law case is ready to proceed in the Circuit Court in Kerry it is scheduled for the next sitting. Additional special sittings of the Circuit Court are sought where necessary if arrears arise.

The Courts Service has also informed me that as part of its provincial capital building programme, one of the objectives of the Courts Service is to provide improved court accommodation in Tralee with appropriate facilities for the hearing of family law and other court business.

The Courts Service has further advised that it envisages a courthouse comprising four courtrooms and related consultation and other facilities as being required to meet current and future needs in Tralee. The Courts Service is currently considering a number of options for the provision of appropriate court accommodation in Tralee including the level of extension and refurbishment achievable within the confines of the existing courthouse site; whether it would be feasible to acquire an adjacent town centre site and the degree of extension and refurbishment this would allow and the development of a new courthouse on an appropriate greenfield/brownfield site. The Courts Service has informed me that a decision has not yet been made and that all options are currently under review.

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