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Legislative Measures

Dáil Éireann Debate, Tuesday - 9 July 2024

Tuesday, 9 July 2024

Questions (541)

Patrick Costello

Question:

541. Deputy Patrick Costello asked the Minister for Justice if she will review the law regarding Section 27 reports. [29695/24]

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Written answers

As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.

The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family. 

The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.

As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates.  The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.

On 13 June 2024 I published a wide-ranging review of the role of expert reports in the family law process. This review looked at the commissioning, availability, content and use of reports ordered under s.32 of the Guardianship of Infants Act, s.47 of the Family Law Act 1995 and s.27 of the Domestic Violence Act 2018.

This comprehensive review undertaken by my Department sets out 20 recommendations for reform.   When implemented, these actions will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.    

These changes are just one piece – but an important piece – of a reformed family justice system.  When implemented, these recommendations will improve the quality of expert reports in family law proceedings and will standardise practises relating to how they are commissioned and by whom. Reports support the judiciary in their decision making and help to ensure that children are at the centre of the decisions they make.   

Following on from the review of role of expert reports, my Department will establish a Voice of the Child Working Group to ensure children’s constitutional rights to be heard in family law proceedings continue to be upheld. In addition to examining other ways in which the voice of children may be heard in family law proceedings, the Group will also develop a Voice of the Child Report Template and work on establishing the Children’s Court Advocate Pilot Project – key recommendations in the Review.    

The Department is also establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.    

The recommendations in the Review of the Role of Expert Reports in Family Law Proceedings are ambitious and seek to address all of the issues raised in the consultations with stakeholders. Their implementation will ensure that our constitutional obligation to hear children’s views and that their best interests be the paramount consideration are truly fulfilled. They will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.

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