Thomas Gould
Question:1180. Deputy Thomas Gould asked the Minister for Justice if divorce proceedings can continue remotely under level 5 restrictions. [13882/21]
View answerWednesday, 24 March 2021
Questions (1180, 1181)
Thomas Gould
Question:1181. Deputy Thomas Gould asked the Minister for Justice the guidance given to family courts on operating under level 5 restrictions, particularly in relation to divorce proceedings. [13883/21]
View answerWritten answers
I propose to take Questions Nos. 1180 and 1181 together.
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 of the following.
Following the Government announcement applying additional level 5 restrictions in January 2021, with the goal of reducing mobility nationwide to stem the trajectory of Covid-19, the Courts Service activated enhanced Covid-19 level 5 protocols for the month of January 2021, in agreement with the judiciary. The enhanced protocols meant that courts remained open for urgent matters in areas of family law, criminal matters (especially cases involving people in custody), bail and urgent Judicial Reviews or Article 40 applications. Non urgent proceedings have been adjourned by the Courts Service until it is safe for matters to be dealt with once more.
Divorce proceedings are heard in both the Circuit Court and the High Court. In relation to the Circuit Court, I am advised that the Courts Service and the Judiciary have reviewed the current restrictions on three occasions since the Government announcement in January but, as Covid-19 cases are still at a high level, no changes have been made to the restrictions in the area of family law. Judges are available to deal with urgent matters when required and have, in circumstances where they feel it is appropriate, dealt with matters remotely. In relation to divorces, it is a matter for each Circuit Court to evaluate cases before it to decide how to proceed and whether they are suitable for remote hearing.
The question of remote hearings for interested parties in the High Court family law was addressed in a family law notice published by the Courts Service on 1 February 2021. I understand that remote hearings for High Court family law have commenced and are dealing with matters on consent as well as directing remote hearings where appropriate on dates to be fixed in the Hilary or Easter Term. This facility has been expanded to include short contentious matters of no longer than two hours duration if the parties consent to a virtual hearing. It is intended that the facility of virtual hearings will be expanded and applications for longer remote hearings will be considered.
I am advised by the Courts Service that the situation is kept under review in light of the current level 5 restrictions. Any applications for a remote or physical hearing in respect of urgent matters as they arise can be made to the Judge in charge of the Family Law list.
The Government is committed to ensuring adequate resources for the courts in order to maintain access to justice for all citizens. This commitment was reinforced recently with the highest ever budgetary allocation for the Justice sector including €158.8 million for the Courts Service. This included €8 million for the new Courts Modernisation Programme along with an additional provision of €5.7m for COVID measures to enable court sittings take place in a socially distanced and safe environment. A significant priority for my Department and the Courts Service in the years ahead will be to significantly invest in digital technology, to transform the experience of practitioners and of court users. The Courts Service is currently rolling out videolink facilities to 43 additional courtrooms across the country and is looking to enhance the infrastructure used in virtual courts.