Address by the Minister for Justice, Equality and Law Reform at the official opening of Dolphin House

Judges, Chief Executive Officer, Ladies and Gentlemen. 

It is my honour to officiate at this ceremony to formally open these court facilities.  My thanks to Brendan Ryan and Judge Furlong for their kind words. 

This refurbishment will ensure that the privacy and dignity of family law applicants is respected.  After all, court users have a right to suitable accommodation and facilities for their use and that of their families.  This is particularly so in the often painful circumstances dealt with by the family law courts.  In addition to the facilities which Judge Furlong has mentioned, the refurbishment ensures that families coming before the courts here can now do so in an environment which respects the sensitivity and confidentiality of their business. 

One of the key achievements of Mr. P.J. Fitzpatrick and his staff in the Courts Service has been to transform the physical infrastructure provided for family law.  The Service is currently developing plans for a proposed Family Law complex in Dublin which will provide a purpose designed Family Law Centre for all three court jurisdictions.  The new Criminal Court Complex, which can now be seen rising at the Conyngham Road entrance to the Phoenix Park, will pave the way for a major redevelopment of the Four Courts as a civil complex, including a unified Family Law Office. 

This refurbishment is part of, and testament to, the commitment of the Courts Service to the development and improvement of family law facilities and arrangements.  I would like to pay tribute in particular to the work of the Family Law Development Committee, ably chaired by Mrs. Justice Catherine McGuinness, which has played a key role in the development of many of the initiatives and improvements to date. 

Unfortunately, many people around the country come into contact with the courts system as a result of marriage breakdown.  Late last year I received the latest in a series of three reports from Dr. Carol Coulter commissioned by the Courts Service on our system of family law and I understand that the 4th issue will be published in the near future.  While much has been achieved, there is considerable room for improvement in this area and I am determined that we will tackle it.  I feel strongly there is scope to make more use of mediation and to protect vulnerable families from excessive costs.  I agree with many of the recommendations and welcome the decision to continue the Reporting project for a further year.  I am glad the Chief Justice has established a Committee to consult with the Presidents and Judges of the courts and to consider the recommendations insofar as they relate to the Courts Service.  For my part, I intend to bring the other recommendations forward as quickly as possible. 

Family law is one of the most complex and emotionally fraught areas in which the courts have to function.  Judges in these courts regularly have to deal with very difficult problems and try to find optimum solutions.  The outcome of family law cases affects all parties involved particularly children.  It is essential that the courts have available to them all the professional assistance they require particularly where the interests of children are at stake.  Section 47 of the Family Law Act 1995 provides that reports can be ordered by the courts dealing with questions affecting the welfare of any party to the family law proceedings.  I was glad to learn that, following recent discussions, the Probation Service and the Courts Service have agreed arrangements for the provision of these reports.  I understand it is intended that this service will initially be available to the Dublin Circuit Family Law Courts.

Other significant reforms are also underway.  Rules have been introduced in the Superior Courts to rationalise and simplify the procedures for statutory applications and appeals, and proceedings concerning arbitrations.  I understand that the Circuit Court Rules Committee has agreed a draft set of Family Law Case Progression Rules with the aim of ensuring that proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise costs.  The new rules will assign functions to the County Registrar currently dealt with by the judge in order to relieve Circuit Court judges of a large pre-trial applications caseload thus freeing them up for trial work.  It is also anticipated that the case progression hearing would facilitate parties in reaching agreement on issues in dispute. 

As I mentioned, costs are a significant issue in family law.  And so I was glad to hear recently of the Legal Aid Board’s initiative to promote the use of dispute resolution mechanisms in family law cases.  This has incorporated a collaborative law approach as well as structured negotiation techniques and has the potential to be of considerable benefit to clients who find themselves in this situation.  The Board is in a strong position to promote this approach within the legal profession generally and I have asked them to keep me updated on progress made.  This measure together with the provision of family law reports by the Probation Service and the implementation of the case progression by County Registrars should help reduce costs for those involved in family law proceedings.

These developments reflect the ‘can do’ approach and attitude of the judiciary and the Courts Service.  I do not think anyone could deny the huge strides made in systems and accommodation in the nine years since the establishment of the Courts Service, which is striving to provide a first class service to judges, practitioners, court staff and the users of the courts system. Today is yet a further demonstration of that commitment.

Thank you.