asked the Minister for Justice when he intends to update family courts; and if he will make a statement on this matter.
Ceisteanna — Questions. Oral Answers. - Family Courts.
25.
I have dealt with the general question of family courts in reply to a number of Dáil questions in the past and I covered what seems to me to be the three main aspects, namely, the improvement of court accommodation, the introduction of less formal procedures including the possibility of having, for instance, advisers or assessors and changes in the jurisdiction of the courts to deal with family law matters. I would refer the Deputy in particular to my replies to questions on 25 June 1980 and on 13 December 1977.
In addition, I dealt whith the question of family courts in some detail in reply to the debate on the Second Stage of the Courts Bill, 1980 in the House and indicated what the position was in relation to court accommodation, particularly in the light of the changes to be introduced by that Bill in regard to jurisdiction in family law matters. In this connection, I would remind the Deputy that in 1978 two courtrooms with ancillary accommodation for the hearing of such cases were provided in a newly-constructed building at Ormond Quay in Dublin. I went on to deal with the more general question of the establishment of special family law courts and the fundamental issue of the suitability of adversary type trials for the hearing of such matters, and I stated that these questions are being considered by the Committee on Court Practice and Procedure and by the Law Reform Commission.
It would be my intention to await the findings of those bodies before preparing proposals for further changes in this area and any such proposals will be announced in the normal way when I am in a position to announce them.
If the Minister says that any further changes in relation to the family courts in general should await the outcome of consideration by the august body to which he refers, can he tell us why it has been found proper that the Courts Bill was not delayed for such consideration and that there was an undertaking in that Bill of a major transfer of jurisdiction to the District and Circuit Courts of family law cases?
As the Deputy knows, the Law Reform Commission were not the body primarily advising on the Courts Bill. The Deputy misreads that. The Committee on Court Practice and Procedure were the principal advisers on this matter.
How does the Minister reconcile his decision to delay any action or decision in relation to improvement or progress in this regard in the context of today's question whereas in the last week we have been debating the transfer of jurisdiction for family law cases to the District Court without reference to any consideration going on at the present time?
The matters dealt with here in the question are very basic matters and have been referred to the Law Reform Commission for examination. The Committee on Court Practice and Procedure are also examining these matters. They are the specialists in the area and until such time as they report I must wait.
Obviously, I am not making myself clear. May I ask the Minister if he is putting forward a view that it is appropriate to wait until discussion by experts takes place and recommendations are made, why does this not apply to the Courts Bill and secondly——
May I answer that part of the question so that we do not misunderstand each other? Because I already have recommendations from the Committee on Court Practice and Procedure on what is involved in the Bill that the Deputy is talking about. They are also examining the matters which are the subject of today's question and when I hear from them I shall act on it.
When does the Minister expect that the undertaking in the—pardon the expression—Fianna Fáil election manifesto in relation to family courts which is quite specific and did not refer to awaiting any proposals or to any consideration by anybody, will be carried out?
The Deputy knows well that the Courts Bill includes provisions——
Not for family courts.
——based on recommendations of the Committee on Court Practice and Procedure in their 20th report. These enabled me to introduce this legislation and they confer new and substantially extended jurisdiction on family law matters on the District and Circuit Courts. When the Bill is implemented the Circuit Courts will have full jurisdiction to hear and determine proceedings for divorce a mensa et thoro, maintenance of spouse and children, guardianship and custody of infants, barring orders, maintenance of children. The District Court will have jurisdiction in all of these matters except divorce a mensa et thoro. Surely the Deputy recognises that this is a major step forward.
Passing the buck, that is all it is.
The remaining questions will appear on next Tuesday's Order Paper.