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

Family law expert witnesses

Summary

Deputy Durkan criticised the influence of expert witnesses in family law and argued it could deny fair judgments. The Tánaiste said the matter fell mainly to the Minister for Justice and the judicial system, and he would refer it again.

Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I again bring to the attention of the House the concerns expressed by Supreme Court judge Mr. Justice Peter Charleton in relation to the undue and worrying influence of special or expert witnesses and their ability to influence unduly the decisions of the courts, in other words, replacing the courts. This particularly relates to family law courts, in which such witnesses now have the monopoly; they are either tutors of or receive tuition from their colleagues. The one rule applies, which is that women before family law courts will not get a fair judgment because they cannot get one, as this is predetermined. I ask for an urgent inquiry into that practice.

Comment on this

The broader policy area is one for the Minister for Justice. We must be clear that the administration of the courts and dispensing justice are matters for the judicial system. It is a matter of how the courts are administered, witnesses present, the Judicial Council and so on. I will refer the matter again. I think the Deputy raised the issue previously with the Minister.

Comment on this