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Family Law Cases

Dáil Éireann Debate, Tuesday - 23 May 2023

Tuesday, 23 May 2023

Questions (538)

Catherine Connolly

Question:

538. Deputy Catherine Connolly asked the Minister for Justice the timeline for the full commencement of the Mediation Act 2017; the timeline for the establishment of the mediation council; and if he will make a statement on the matter. [24177/23]

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Written answers

On 8 December 2017, the then Minister for Justice signed the Commencement Order bringing all sections of the Mediation Act 2017 into effect on 1 January 2018 (S.I. 591 of 2017).

The formation of the Mediation Council of Ireland is a key component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play a crucial role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators.

Before a Ministerial Order can be made to designate a body as the Mediation Council of Ireland, the Mediation Council will first need to be established in its full membership of not less than eleven members, of which six, including the chair, must be public interest members. The Council must also act under its own agreed terms of association as intended by the Oireachtas under the relevant legislation.

I, as Minister for Justice, am obliged to publish any draft Order for a 30-day period of response and to bring it before both Houses of the Oireachtas for resolutions of approval before the Order can be completed. This places a high burden on all concerned to have a properly established cohesive entity in place that is sufficiently representative of mediation interests involved in the mediation sector that meets the minimum requirements set by the relevant legislation.

Following renewed efforts by the mediation sector in the last year or so to advance with the proposed Mediation Council’s establishment to a stage whereby I, as Minister for Justice, can be in a position to designate the body, a plenary meeting of the sector was held in February 2023 with officials from my Department in attendance. That meeting identified issues around structure, membership and finance that arise in the establishment of a Mediation Council. My Department will engage further with the sector through 2023 to support work leading to a Mediation Council being put in place.

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