Dáil Éireann Debate, Tuesday - 7 November 2017
494. Deputy John Lahart asked the Minister for Justice and Equality his views on the notion that practising lawyers and solicitors must have achieved an academic specialism, not just certificates in continuous special development, in child and family matters before undertaking cases related to family law; and if he will make a statement on the matter. [45872/17]
Amharc ar fhreagraThe issue of how solicitors and barristers engage in the course of family law cases is, as conveyed by the Deputy’s Question, a matter of delicate balance in terms of best representing the interests of the respective parties to the proceedings concerned, some of whom will be minors. It is also an inherent part of the administration of justice under which the lawyers concerned have certain duties to the courts as well as to their clients. In that capacity they are also obliged, in exercising their right of audience before the courts, to adhere to the professional principles and to act with independence and integrity.
As the Deputy may also be aware, the area of Family Law is covered extensively in the university law degree courses and also in the professional qualification processes for both barristers and solicitors. To this extent those receiving their parchments as solicitors or those being called to the Bar will have arrived at that point having already had very substantial academic, theoretical and practical grounding in family law matters. Thereafter, the practice requirement for people who choose to specialise in the family area would be for continuous professional development in relation to family law matters and ongoing awareness of the relevant developments in case law at the various court jurisdiction levels.
At the same time this framework does not prevent a person with an academic background in child and family matters, for instance, from acquiring the necessary qualifications to become a specialist legal practitioner. This is evidenced by the number of legal practitioners from a variety of academic backgrounds who specialise in various areas of the law including, as raised by the Deputy, in family law, and who enjoy a high reputation in that regard. In so far as judicial proceedings in family cases will be concerned, a knowledge of family law will always be essential to ensuring that the best interests of clients are represented. While I appreciate the sensitivities behind the Deputy’s Question, therefore, I would at the same time be cautious about taking an overly prescriptive approach from either a purely academic or a purely legal perspective in this regard.
At the same time, I would like to take this opportunity to reiterate the Government’s ongoing working commitment to significant reform of the courts, including the establishment of a family law court structure that is streamlined, more efficient, and less costly. Consequently, my Department is working on the General Scheme of a Family Court Bill which will aim to streamline family law court processes, clarify jurisdictional issues and provide for a set of guiding principles to help ensure that the Family Court will operate in a user-friendly and efficient manner. My Department is also engaged in further consultations with stakeholders in relation to the operational aspects of a new family court structure. The intention is to establish a dedicated Family Court within the existing court structures. The proposed General Scheme, for which I hope to secure Government approval in the coming months, will also support the proposals in the Mediation Act 2017 by encouraging greater use of alternative dispute resolution to assist in the more timely resolution of family law cases.
