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Dáil Éireann díospóireacht -
Tuesday, 13 Dec 1977

Vol. 302 No. 8

Ceisteanna—Questions. Oral Answers. - Family Courts.

26.

asked the Minister for Justice if he has any plans to introduce family-tribunal-type courts.

I think that terms such as "family-tribunal-type court" can have widely different meanings for different people and, for that reason, it seems preferable that I should not use that terminology in this reply.

I believe that there is a need to improve various facets of the operation of the courts, particularly in relation to the general area of family law and in relation to young offenders.

I have already, in reply to a question on 27th October—volume 300, —mentioned some of those facets that are being or will as soon as possible be, dealt with directly by my Department either alone or in conjunction with the Office of Public Works, including the important matter of improving court accommodation and dealing with certain reports of the Committee on Court Practice and Procedure that have not so far been dealt with.

The Deputy's question, however, is probably mainly related to other matters, such as the introduction of less formal procedures and the examination of where it may be desirable to have, for instance, advisers or assessors associated with a court. These are matters on which the Government will be getting detailed advice from the Law Reform Commission and I shall also be getting advice from the Committee on Court Practice and Procedure.

May I take this opportunity to mention that I have recently made a number of new appointments to the Committee on Court Practice and Procedure to replace members who, because of elevation to the Bench or for some other reason, were no longer able to act in the role for which they were originally appointed and the Committee will accordingly now become active again. I do not mean that they had been inactive for more than a short period. On the contrary, they have in the past done much very valuable work and have produced reports with exceptional speed.

The Law Reform Commission, for their part, have included in paragraph 12 of their First Programme the following:

In examining the various aspects of family law, the Commission will consider the best type of judicial or court structure or structures appropriate to deal with the different matters which fall under the general heading of family law.

While, in the context of the particular matters I am now referring to, there could in theory be some risk of overlapping of function between the Law Reform Commission and the Committee on Court Practice and Procedure, I am satisfied that in practice the two bodies will have no difficulty in co-ordinating their work and agreement between them will be facilitated by the fact that the president of the commission, Mr. Justice Walsh, is also chairman of the committee.

I think it right to add that, while I believe that improvements in the areas I have mentioned are both necessary and feasible and while I have the fullest confidence in both the commission and the courts committee not only to produce carefully thought out recommendations but to do so without any avoidable delay, it is nevertheless necessary to bear in mind that the matters being dealt with are complex and that, therefore, changes must take time.

May I take it from that rather long reply that the Minister is assuring the House that new and informed tribunals in the family law area will be established?

The Deputy may take it that the whole matter referred to in the question is being given very careful consideration by the Law Re-form Commission and by the Committee on Court Practice and Procedure. As soon as I have advice from these two bodies I will be in a position to take the matter further.

The remaining questions will appear on tomorrow's Order Paper.

May I ask a question arising out of the Minister's reply?

Not when I have called the next business.

There is one matter on which the Minister has not given me an assurance, that is, the question of whether these tribunals will be established. Six months ago he gave such an assurance.

The Deputy will have other opportunities to raise this matter.

The Minister has only three weeks left.

The assurance was given in the manifesto.

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