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Courts Service

Dáil Éireann Debate, Wednesday - 11 October 2023

Wednesday, 11 October 2023

Questions (178)

Bernard Durkan

Question:

178. Deputy Bernard J. Durkan asked the Minister for Justice the extent, if any, to which her Department or the vote from her Department funds the family law courts; the full extent of her proposals for reform in this regard in the short-terms, given the needs that have been identified; and if she will make a statement on the matter. [44459/23]

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Written answers

As the Deputy is aware, we are leading an ambitious programme of family justice reform. 

I published the first Family Justice Strategy in November of last year. It sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and will assist their parents in making decisions that affect all of the family.  We intend to achieve this through the implementation of over 50 actions across nine goals, with timescales up to the end of 2025 and progress updates published annually.

The Strategy is foundational in nature. The Strategy outlines the steps needed to move towards a streamlined, user-friendly family justice system which supports and protects children and their families. As the strategy was developed we listened to and acknowledged the many issues and concerns about how the current system operates.  

The actions stress the importance of children’s welfare and the need to ensure their best interests are considered in conjunction with their constitutional rights. To that end, my Department has commenced a review to examine the role of expert reports in the family law process, the commissioning and availability of these reports, and their content and use. Later this year, a Working Group will be established to review the effectiveness of the current arrangements for hearing the voice of the child in private family law cases.

The Family Courts Bill is a key part of the Strategy, and an important element of the family justice reforms. The Bill will provide for the establishment of a Family Court as divisions of the existing court structures, each dealing with family law cases appropriate to its jurisdiction. The Bill completed Second Stage in the Seanad earlier this year and work is ongoing in my Department and the Office of Parliamentary Counsel to prepare for Committee Stage, in consultation with relevant Departments, State bodies and other stakeholders.

These initiatives mark the beginning of the reform of how the family justice system operates. My vision is to make that system work better for everyone engaging with it, but particularly for those most in need of additional support and protection, including victims of domestic and sexual violence, vulnerable parents and most of all children.

My Department is committed to driving the modernisation and Digital First agenda across the entire Justice Sector. This is reflected in Budget 2024, as €183 million was allocated for the Courts vote, including capital funding of €67 million. The Courts Service will also receive €1.4 million for up to 35 additional staffing to directly support the work of new members of the Judiciary. 

In relation to funds for the family law courts, Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service operates under its own vote. It has its own Accounting Officer and lays its reports and accounts directly before the Oireachtas.  The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

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