Dáil Éireann Debate, Thursday - 22 February 2024
6. Deputy Bernard J. Durkan asked the Minister for Justice to outline her proposals for family law reform, with particular reference to the need for an indicative timescale; and if she will make a statement on the matter. [8246/24]
View answerI seek to ascertain the timescale for the family law reform the Minister has been working hard on, for which there is considerable appreciation. In view of the fact that current procedures are going on at pace as if no reform were in the offing, we and the operators of family law need to know something decisive is happening.
I thank the Deputy for raising this issue. I acknowledge he is passionate about it and wants to see reform in the area, especially when it relates to the impact relationships breaking down can have on children in families.
As he will know, I have been leading a programme of family justice reform set out in the first Family Justice Strategy, which was published in November 2022. I set out ambitious visions for a family justice system of the future that will focus on the needs and rights of children, in particular, and will assist parents in making decisions that affect all of the family. The plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of more than 50 different actions across nine different goals, with timelines for delivery up to the end of 2025. It is not one date for everything but it will take time. I assure the Deputy, however, that progress is being made on all these actions. As the strategy was developed, we listened to and acknowledged the many issues and concerns about how the current system operates. I met with many practitioners, in addition to families and individuals, who have been impacted by the current system. The actions stress the centrality of children, as I said, to many family matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
I will outline some of the strategy actions that have been completed. We published a policy paper on parental alienation that sets out a series of recommendations to address what is a very complex and challenging matter. We are progressing those. The Review of the Enforcement of Child Maintenance Orders, published on 7 January 2024, highlighted just how such orders are not working at present. That review looked at the current enforcement process, the challenges associated with it and the areas that may require reform. From that, the review made 26 recommendations on how the current system can be improved. Work is under way in that regard. The Courts Service family law information hub and a 360 virtual tour have been launched. The Legal Aid Board has established its panel of private mediators to enhance the roll-out of family mediation services throughout the country. In addition, as the Deputy knows, we are finalising the review to examine the role of expert reports, including section 47 and section 32 reports, in private family law proceedings, which will look at their commissioning, availability, content, use, the individuals involved, and how that is monitored or managed. I expect to bring the recommendations from the review to Cabinet in the coming weeks, following which I will put recommendations in place.
A further key component of the strategy is the development of the Family Courts Bill, which provides for the establishment of family court divisions within the existing court structures that currently do not exist. This will enable there to be a family High Court, a family Circuit Court and a family District Court, all dealing with family law matters and only family law matters, which is what we need at this stage.
I thank the Minister for her very comprehensive reply. I agree entirely with the extent to which she is proposing to change matters. In particular, the issue whereby parental alienation is becoming established in this country as part of our family law system is worrying. Under the radar, it is being imported from other jurisdictions for use here. It is clearly in violation of the Constitution. The degree to which parents, women and children in particular but some men, are subject to trauma, anguish and anxiety above and beyond what should be-----
I have to caution the Deputy. He is asking the Minister to give an opinion but he is straying into accusations about the courts system. I understand the issue he is raising, which is important, but I ask him to be careful in the way he is putting it.
I accept what the Leas-Cheann Comhairle has said, but I point out that we cannot change anything unless we direct our attention at the subject matter. I do not wish to disobey the Chair. I do not ever wish to do so, but it is very important we are clear in what we are about. If, at the end of the day-----
The Deputy is over time. He will get a chance to come back in on the subject matter.
I will do.
Specifically on the concept of parental alienation, the report clearly showed that where there is a system that does not work as effectively as it should and where the structures are not as effective as they could be, it allows the potential for abuse to continue and particular abuses to continue in respect of parental alienation, even into the courts. That is the finding from much of the research by the representative groups and from families who contributed to the specific report we did. The main recommendations are to improve the family justice system to make sure it works more effectively, that we have fewer people going to court, and that we have more mediation and better supports for families at earlier stages.
On the review and the various reports by experts that are being brought into the courts, we do not have a panel of experts or set criteria or qualifications. We have no way of having an overview of the system. The review and its recommendations will set out exactly how we make sure anybody who provides evidence to a court is adhering to strict criteria and is qualified, essentially, to do the job he or she has been asked to do.
I thank the Minister. I again point out it is essential that the issues that have caused this anxiety and trauma for children and parents over a number of years, which are growing, are addressed. The use of parental alienation is growing and it appears that, in certain quarters, there is no intention to change. I thank the Minister for outlining the proposals, which she will have to pursue vigorously. From the correspondence I have received from participants, I have no doubt at all of the seriousness of the situation that faces us where, in some cases, children have been forbidden to see their parents, or parents to see their children, for up to two or three years. In some cases, this involves expenditure of more than €100,000 in order for parents to have the privilege of seeing their children. I congratulate the Minister on her work so far. I strongly support what she is doing.
I thank the Deputy. Like him, this is an issue that has come to my door as a TD for many years, since I was first elected. Families will always come who are going through a very difficult situation. With these structural changes, I hope to provide a less adversarial approach and, where it is not possible to remove that, the structures to support families to get the right outcome so that children are not caught in the middle. It is about making sure children's voices are heard, that they are able to understand what is happening, and that they are spoken to in language that is appropriate. That is where training comes in, as well as the new courts system.
At present, there are situations where people go to court and do not know when they will be heard. The next family sitting might not be for a few months. It prolongs things if their case is not heard. This new structure will ensure there are dedicated family courts, with dedicated family court judges who are specifically trained in, and only focused on, family law matters. In itself, that will ensure, as regards any member of the Judiciary a person is going before, that such a member is there, wants to be there, and is focused on and trained in family law. That is very important.
Separate from that, investment in the mediation system is very important. Many cases should not be going to court. A lot of issues can be resolved before that. The minute a matter goes to court, it often becomes more adversarial and this is a key component of the overall reform.
