Dáil Éireann Debate, Tuesday - 8 December 2020
486. Deputy Catherine Connolly asked the Minister for Justice if she is satisfied that the conducting of wardship cases by remote hearing is adequate to ensure that the voice of the person is being heard in view of the importance of adequately hearing the voice of the person in such cases was highlighted in 2019 by the Supreme Court; and if she will make a statement on the matter. [41133/20]
View answerAs Deputy will be aware, the courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. Also, 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.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the wardship list is being conducted by remote hearing, as are all High Court lists, during the current Covid-19 restrictions.
All key aspects relating to the management of the list including ensuring the voice of the person is heard, remain in place, while the management platform has changed. These aspects include the appointment of a guardian ad litem if requested or where required, facilitating the ward or respondent (those subject to a wardship application) attending the hearing remotely or in person if requested, and the appointment of an independent solicitor in addition to the guardian ad litem, where the court decides this is necessary.
I am advised that details of remote hearings are provided to practitioners representing both wards of court and respondents, guardian ad litems where appointed, the wards and respondents if requested and family members. Where a person wants to travel to the Four Courts and have the hearing conducted in person, this is also facilitated, subject to public health guidelines. Conducting the list remotely ensures the safety of wards and respondents, their families, practitioners and the staff of the Courts staff.
Section 11 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 provides for remote hearings in civil proceedings. The provisions in section 11 were developed following detailed discussions with the judiciary and the Courts Service. Remote hearings are an important tool to facilitate the efficient dispatch of court business and are a reform that was recommended in various reports as necessary changes to ensure the effective operation of the courts and to provide a better experience for users of court services.
Under section 11, a court may direct that any category or type of civil proceedings may be conducted by remote hearing, either of its own motion or on the application of any of the parties.
A court shall revoke a direction to participate in a remote hearing where, for whatever reason, it would be unfair to any of the parties to do so, or it would be contrary to the interests of justice to do so.
Furthermore, section 11 provides that it shall be an offence to interfere with or obstruct the electronic communications employed in the proceedings or to make any recording of the proceedings without the permission of the Court.
