These are a number of largely technical amendments to ensure appropriate consultation between judges but also the Courts Service. We are inserting amendment No. 11 as a new subsection to section 10 of the Courts (Supplemental Provisions) Act 1961, which sets down the functions of the principal judge of the Family High Court and takes account of the statutory functions of the Courts Service and how these contribute to the effective functioning of the courts. Section 5 of the Courts Service Act 1998 provides that the…

In section 15, I am providing for expressions of interest in an assignment as principal judge of the family High Court to be made to the president of the High Court by either existing ordinary judges of the High Court and-or from persons who are to be appointed to the High Court. While the published Bill provides, at section 16(4), for such persons to express an interest to the president of the High Court for assignment as a judge of the family High Court, there are no specific provisions for expressions of interes…

This is a technical amendment inserting the word “ordinary" before "judge of the High Court" in order to be consistent with how such judges are referred to generally in statute. There are a number of similar drafting amendments throughout the Bill. Government amendment No. 29: In page 24, line 10, after “Court” to insert the following:: “and having regard to any information provided by the Courts Service on the number of matters listed for hearing and to the guiding principles in section 8 ”. Amendment agreed to. S…

I too acknowledge Councillor White and Deputy Coveney. I hope they have a good trip. I am absolutely cognisant of why the Senator is opposing the section but obviously, as I have clearly stated, the intention is not that we would send everybody to the District Court. I am very conscious of the need to respect the full and original jurisdiction of the High Court on all matters but I am also very conscious of the need to ensure that cases are dealt with at the most appropriate level. The Senator is right that not eve…

The question being put to me on this point is why it has been set at €1 million, why it is so high for the District Court and it is for that exact reason. The fact is that someone may be in a more modest house but, because of the location, it is worth more. That does not mean the person has more disposable income or any greater ability than a person in a house that is twice the size in a different part of the country. By putting this in place at this level, the question for me is why we are going so high for someth…

It is overall.

Again, I hope to bring clarity that it is not the case, even taking into account the monetary situation, that everything will have to start there. Essentially, it will be a matter for the judge to be satisfied that the parties are in the right place, irrespective of the monetary position. I appreciate and understand the reason for the Senator's opposition to the section but I hope to be able to bring further amendments to clarify the situation and alleviate some of the concerns raised by the Senator today.

This group of amendments proposes to amend sections 70 and 71. Amendment No. 84 qualifies section 70, which provides for the sending forward of a case from the family District Court to the family Circuit Court where the circumstances of the proceedings make it appropriate to do so. The amendment provides that where section 72 applies, the case shall not be sent forward to the higher court. Section 72 restricts the power to transfer proceedings under sections 70 or 71 where the court has already granted a decree of …

Again, it comes down to the overall objective that where a case is deemed not appropriate for the court that it goes to, whether that be the District Court or otherwise, a decision can be taken by the judge, with the agreement of the practitioners, that it would move to a different jurisdiction. Again, I hope to clarify that in future amendments.

Again, the overall objective here is to make sure that where it is appropriate in the case of maintenance or other matters that a decision can be taken by the judge but also by the practitioners, where there is agreement. If it is to be at the District Court, that can be with the agreement of the practitioners, the people involved, and the judge. At the same time, if it is not appropriate, a decision in that regard can be taken as well. In terms of the jurisdiction for all three, the intention is not that everythin…

The objective of the Bill is that we would have separate family District Courts. They will not be dealing with all of the lists and cases they are dealing with now. The sole focus and attention of the judges appointed to the family courts at all levels, but in particular to the District Courts, will be family law, as it should be, not dealing with the backlogs they are currently addressing. The challenge at the moment is that there are judges who want to give this the time but they simply cannot because they are de…

This amendment to section 97 inserts additional paragraphs to bring the provisions regarding the application of the in camera rule into line with section 40 of the Civil Liability and Courts Act 2004, as amended. This addresses an issue identified by the High Court in a family law case which concerned conduct in a case related to family law proceedings affecting the judicial complaints process. Prior to the amendment of the 2004 Act, a person who wished to make a complaint about the conduct of a judge would have to…

I take on board what the Senator has said. There is a separate body of work that the family justice strategy is looking at and, as part of that strategy, a review is beginning this month of the in camera rule specific to family law proceedings. While the intention is perhaps not specific to the point referenced by the Senator, I think it is all one and the same. Where abuse continues to happen and the in camera rule stops that abuse from becoming public, whether it is domestic violence or other types of abuse in re…

I am happy to look at that. My understanding is that the specific section on the penalties restates the provisions of section 40 of the Civil Liability and Courts Act 2004 and that is why it is here but I take the Senator's point. We want to make sure that what is in the Bill is effective and that it acts as a deterrent, as well as everything else. I will take on board what the Senator is saying and take it into consideration.

These amendments are being proposed following consideration of representations made by stakeholders, particularly those who work with victims of domestic violence. The proposed new section 99 will restrict the ability of an applicant or respondent to personally cross-examine an applicant, respondent or a person under 18 unless the court considers it in the interests of justice to do so. Instead, provision is made for a legal representative to conduct the cross-examination, including a representative nominated by th…

I am happy to engage with the Senator on this. I take on board his point and will see if we can either provide further clarification or, if needs be, to amend it to respond to his point.

The record justice allocation for 2025 of €3.92 billion will help to keep our communities stronger and safer. This budget is a step change in investment across the entire criminal justice system, including the courts and prisons, and will build on a robust programme of new laws, policy delivery and significant capital investment in technology, equipment and buildings. I am pleased to provide €70 million, which is a trebling of funding since I took office, to leave no place in our society for any form of domestic, s…

I thank the Deputy. I acknowledge the unbelievable work of the members of An Garda Síochána and those from the many other emergency support services who responded to the appalling scenes last November after the tragic event earlier in the day. There are ongoing investigations into this matter. In the days, weeks and months since those events, 51 people have been arrested. There have been a number of convictions and there are a serious number of people before the courts at the moment. I do not think it would be appr…

The Tánaiste's comments relate to the difference between the British and Irish systems subsequent to days of riots in multiple cities across the UK. I am saying clearly that the difference between the United Kingdom and Ireland is that police over there had access to evidence and information which allowed them to obtain early guilty pleas when bringing people before the courts and to achieve earlier prosecutions. What I am doing to rectify the situation here is introducing body cameras. These are now in operation a…

The Deputy asked a number of questions. In the past four years, the Garda budget has increased by 25%. It now stands at €2.35 billion. We have 14,100-plus Garda members and 3,200 Garda staff. The Garda Reserve has been established, and 1,800 applications were received as part of the first recruitment campaign. Every garda on the beat has a hand-held device. This means that they can remain on the beat and do not have to return to their stations. There has been significant investment in ICT, with €155 million being s…