Dáil Éireann Debate, Thursday - 5 October 2023
294. Deputy Bernard J. Durkan asked the Minister for Justice if, in the course of currently proposed reforms of family law, it is expected that expert witnesses can be challenged as of right; and if she will make a statement on the matter. [43419/23]
View answerAs the Deputy will be aware, reports can be ordered under section 32 of the Guardianship of Infants Act 1964, section 27 of the Domestic Violence Act 2018 and section 47 of the Family Law Act 1995.
The ordering of such reports is a matter for the Judge having regard to the statutory requirements and the overall requirement to administer justice fairly and independently.
Section 32 of the Guardianship of Infants Act 1964 and section 47 of the Family Law Act 1995 both provide that the court or a party to proceedings may call an expert who has produced a report under these provisions as a witness in the proceedings. Section 27 of the Domestic Violence Act 2018 provides that the court can call an expert appointed under that section as a witness.
The admission of evidence and the challenging of evidence is an integral part of proceedings which is overseen by judges who act to ensure that justice is administered fairly and independently.
As the Deputy is aware, my Department is currently leading an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises, amongst other things, the need to ensure they are listened to and heard and their views and best interests given due regard, in line with constitutional rights and obligations.
To that end, my Department has commenced a review to examine the role of expert reports in private family law proceedings, their commissioning, availability, content and use.
