Dáil Éireann Debate, Tuesday - 9 December 2025
635. Deputy Barry Ward asked the Minister for Justice, Home Affairs and Migration if his attention has been drawn to concerns in relation to family court proceedings and the accessibility of Section 32 reports and related assessments (details supplied); if he will address these concerns to minimise delays in these proceedings; and if he will make a statement on the matter. [69585/25]
Amharc ar fhreagraUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. The conduct of court cases is furthermore a matter for the presiding judges, who are independent in the exercise of their judicial function, subject to only the Constitution and the law.
It is not possible for me, as the Minister for Justice, to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. As Minister for Justice, I am, however, committed to resourcing the courts sufficiently to ensure efficient and timely access to justice.
As the Deputy is aware, section 32 of the Guardianship of Infants Act 1964 provides for the ordering of two types of report. Section 32(1)(a) allows the court to order a report, of its own motion or upon an application being made to it by a party to the proceedings, from an expert in writing on any question affecting the welfare of the child in proceedings concerning guardianship, custody or upbringing of, or access to a child.
Section 32(1)(b) allows the court to order a report from an expert to determine and convey the child’s views in any proceedings related to guardianship of, custody of or access to a child. The sole purpose of the appointment of the expert under s.32(1)(b) is to express the wishes of the child either generally or in respect of specific questions on which the court may seek the child’s views.
In both instances, experts are appointed by the Judge to compile a report for the Court’s consideration in the proceedings before it. Given the types of proceedings they relate to, such reports can contain very sensitive information on delicate matters, often relating to children. It is ultimately for the presiding judge to determine when, with whom and in what instances, if any, such reports should be shared.
