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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Family law courts transparency

Summary

Deputy Durkan argued that the rule of law is not fully applied in secret family law courts and raised concerns about parental alienation. The Chair sought clarification, and the Tánaiste replied that the rule of law already applies but suggested the matter be taken up with the Minister for Justice.

Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I raise the question as to whether it might be possible to ensure that the rule of law is fully extended to the operation of the family law courts. At present they are held in secret. A flawed theory is used to remove children from their natural mother and place them in the hands of the respondent. This is a general point, with very serious consequences.

Comment on this
Catherine Connolly An Leas-Cheann Comhairle Independent

What is the question?

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

The question is whether the rule of law can be applied fully to the operation of the courts, whereby this flawed theory, which is called parental alienation, is removed from the equation and the rule of law is applicable in all cases.

Comment on this
Leo Varadkar The Tánaiste Fine Gael

I struggle to answer the Deputy's question. I am obviously conscious of the separation of powers, which I am sure the Leas-Cheann Comhairle will remind me of. It is my understanding that the rule of law applies in our courts. That is the point of our courts. Perhaps there is a more detailed question behind the Deputy's question, which we can perhaps talk about with the Minister of Justice, rather than here.

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Catherine Connolly An Leas-Cheann Comhairle Independent

I thank Deputies for their co-operation.

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