Chief Justice Frank Clarke: Family courts in need of ‘urgent attention’
Chief Justice Frank Clarke has told the Government that the family law courts require “the most urgent attention”, and operate in “dreadful conditions”.
The country’s top judge said that although the site for Dublin’s new family courts facility is “shovel-ready”, not enough money had been allocated for it.
He warned that given construction inflation was running at a rate “far higher” than ordinary inflation, the cost of the project will spiral, the longer it takes to provide funding.
The Irish Examiner reported last month that while the Courts Service estimates the new Family Law Centre and Children’s Court complex would cost up to €140m, the Department of Justice was providing a budget of €80m.
The Courts Service has said that once the necessary funding is provided, it would take “approximately four to five years” to build.
The location of the Family Law Centre and Children’s Court, on Hammond Lane, beside the Four Courts, was announced almost four and a half years ago.
Women’s Aid said the delay was a ‘scandal’, while the Law Society said family law services were in a state of ‘crisis’, with the situation particularly bad in Dublin.
Addressing the Burren Law School, the Chief Justice said while progress was being made in building modern courthouses across the country, the lack of a modern family law complex was the issue requiring “the most urgent attention”.
The Chief Justice said family law cases are being heard in “dreadful conditions”, adding:
The office block carved out of the remains of the old Dolphin Hotel provides wholly unsuitable facilities for what are inevitably difficult and delicate cases.
He said many other premises in Dublin being used for family law were “not much better”.
He said modern facilities were available in places as far apart as Letterkenny and Wexford.
“Hammond Lane is, as they say, shovel-ready, subject to planning, and planning is ready to go once funding is in place,” the Chief Justice said.
He said it was not the kind of building that could be constructed in phases and would be “a complete waste of a valuable State resource” if not developed to the full.
He hoped the solution to the funding problem could be found quickly.
“It is currently said that there is insufficient funding in the courts’ part of the justice capital budget to give a go-ahead for the plan as currently formulated,” the Chief Justice said.
He warned: “But the truth is that construction inflation continues at a rate higher than ordinary inflation. The longer this takes, the larger the funding problem is likely to get.”
He pointed out that as well as family law facilities and a modern Children’s Court, the complex is also due to provide new premises for the Supreme Court.
He said this would free up space in the Four Courts, which he said was “beyond breaking point”.
He welcomed progress in the Judicial Council Bill through the Oireachtas and said while the judiciary had some issues with it, that “megaphone diplomacy” should be avoided.
He said the days of simply expecting a barrister or solicitor to become a fully- functioning judge were “long gone”, saying laws are now “too complex and varied” and that a “much expanded” judicial skills programme was needed.
