24th April, 2002
Dr. Henry: We will proceed as Béarla so that there is some sense around here.
Mrs. Justice Susan Denham recommended in the sixth report of the courts commission that a specialist reporter be appointed to report on family law cases on a pilot basis. A report in The Irish Times by Carol Coulter a few weeks ago stated:
Last year a barrister, Ms Siobhan Flockton, was appointed as family law recorder and given a three-fold brief: to provide information about the operation and day-to-day activity in the family law courts of a general nature; to provide more in-depth statistical information on the family law courts; and to record, with the consent of the parties, judgments in the District and Circuit family law courts for publication.
Following her appointment, some concern was expressed about the legality of the third aspect of her work, the publication, with the consent of the parties, judgments in the District and Circuit family law courts. The Courts Service Board, which consists of senior members of the Judiciary and representatives of relevant Departments and of the legal profession, sought senior counsel opinion. The opinion given stated that the in camera rule governing family law cases meant that Ms Flockton could not attend the cases, not to mind report on them, even with the parties' consent. This was a very strict interpretation of the rule, but apparently represents the law as it stands at the moment.
The Minister will have noticed that in recent discussions by Women's Aid and at the recent conference on rape and family violence, there was a great deal of discussion on the issue of domestic violence and people felt that more reporting of these cases would be extremely useful so the public could understand the seriousness of them. At present, even barristers are unsure what is happening in these cases unless they are involved in them because they are not allowed in. There is a great deficit of knowledge about how serious are these cases. When I listen to people discussing boys who become involved in car theft, I am fascinated at their suggestions of what must be done to their parents and the fines they should pay. Sadly, in a huge percentage of the cases of such children that come before the courts, the parents do not even turn up and the children are very much out on their own.
I believe the Attorney General was considering this issue and had thought of introducing legislation. Ms Flockton was appointed well over a year ago and it is very unfortunate that all that time has gone by without any legislation. What does the Minister for Justice, Equality and Law Reform intend to do about this unsatisfactory situation?
Minister of State at the Department of Arts, Heritage, Gaeltacht and the Islands (Ms Coughlan): Gabhaim buíochas leis an Seanadóir as ucht na deise a thabhairt dom labhairt faoin ábhar tábhachtach seo.
I am sure Senators will agree that our courts system is currently undergoing the most comprehensive and radical reform of court administration since the foundation of the State. The Courts Service was formally established as an independent body on 9 November 1999 and is now responsible for the management and development of the courts in Ireland. The formation of the Courts Service was recommended in the first of six reports of the working group on a courts commission.
The structures, which have now been put in place will allow the Courts Service to meet the demands placed on it in the new millennium and enable it to provide a first class service for judges, practitioners, court staff and, most importantly, the users of the system. In order to reflect the Government's commitment to ensuring the success of the Courts Service we have increased the allocation to the courts Vote from €38.6 million in 1997 to €84.9m this year, an increase of 119%.
One of the important functions delegated to the Courts Service under the Courts Service Act, 1998, is a power whereby the Courts Service board can establish sub-committees to examine and consider the performance of its functions. The Courts Service established a family law court development committee some time ago which meets on a regular basis. The members of the committee are the Hon. Mrs. Justice Catherine McGuinness, the Hon. Mr. Justice Peter Kelly, Judge Michael White, Judge William Early, Mr. Rory Brady, SC, Ms Olive Braiden and the chief executive of the Courts Service, Mr. P. J. Fitzpatrick.
The functions of the committee are to prepare short, medium and long-term proposals for the development of family law services and, in particular, to pursue the recommendations contained in the sixth report of the working group on a courts commission, which dealt with family law, including the recommendations on regional family law courts, the publication of in camera family law judgments, court accommodation and facilities for the hearing of family law cases, and case management of family law cases.
Some time ago the board of the Courts Service approved a recommendation from the committee that a pilot project be established in the Dublin Circuit and District Family Law Courts to report family law judgments. The main aims of the family law recording pilot project are: to provide general information for the public on the day-to-day operation of the family law courts; to provide statistical information on the family law courts; and to report on decisions of the family law courts.
A barrister with extensive family law experience was engaged on contract as a recorder, and a monitoring committee established to oversee the development of the project, the first two elements of which are proceeding well. Already two information bulletins have been published and widely circulated. They are available from the Courts Service information office, if the Senator would like to familiarise herself with the results of the pilot project to date. They were well received by members of the Judiciary and others involved in this area of law.
As the Senator knows, family law cases are heard in camera. This rule exists by virtue of legislation. Difficulties have arisen in relation to the third element of the project, as to whether it is legally permissible for a recorder to attend the family law court and record judgments, even with the consent of the parties involved. I understand the Courts Service board is considering this issue and has obtained counsel's advice in the matter. If the board concludes that the problem which has been encountered can only be resolved by legislative amendment, the Minister will be happy to consider its recommendations. It will be considering this matter at its meeting on 29 April, and the Senator can be assured that the Minister will give consideration to any recommendations made by it.
Dr. Henry: I thank the Minister of State. The information is useful.
