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of access to the Courts as a personal constitutional
right which could not be interfered with by the
Oireachtas or the Executive.
It seemed to him that it was a short step from that
to saying that everybody, rich or poor, was entitled to
meet the legal system on level terms; and that if
poverty and ignorance left someone not knowing his
rights or unable to enforce them, society and the State
had a positive duty to assist him and he in turn had a
corresponding right to expect such assistance.
Better social benefits and expert information
Senator Kelly stressed that his comments were a long
way from saying that the State should provide money in
even greater quantities in order in effect to provide
more and more fees for lawyers. On the contrary, a
large proportion of the troubles which underprivileged
people encountered were not really material for litiga-
tion and fat courtroom fees, but rather for the essen-
tially social rather than legal intervention of the State.
That could be done by firstly providing better social
benefits and assistance, and also by making available
expert information or intervention about existing social
services, or perhaps by a very simplified system of advice
and arbitration. Certainly there were cases in which
full-dress litigation might be unavoidable but those
were a small minority.
As far as help in making most of the existing social
services was concerned, the Government had consis-
tently refused to institute a system where a citizen's
Advice Bureau and an Ombudsman for the reason—as
the Taoiseach opehly stated on a few occasions—that
the existing army of Dail Deputies, Senators and Coun-
cillors were enough for the purpose.
"In other words, in order to preserve intact the de-
grading dependence of simple people on "benevolent
intervention' by politicians so that they may get their
rights."
The only system worthy of a free Republic was one
in which people were given their rights without being
asked for a vote in return, Senator Kelly said..
Deserted Wives and Financial Assistance
Irish family life is not the "bed of roses" it is made
out to be, said Mr. William Duncan, a lecturer in Family
Law at Trinity College. He revealed that in the first
year after social assistance was introduced under the
1970 Social Welfare Act 2,800 wives had applied for
financial assistance of whom 1,600 qualified.
This was only the "tip of the iceberg." Many deserted
wives could not meet the stringent, means test or satisfy
the authorities on the desertion. To talk about the
failure of Irish marriages was to talk about a growing
social problem.
Mr. Duncan added that the trouble with the law at
present was that it often provided no remedy where
one was needed and where it did provide a remedy it
was the wrong one and did more harm than good.
Of separation, he was critical of the grounds on
which the High Court could nullify a marriage. They
were, he said, narrower than those now accepted by
the Catholic Church. Many people were obtaining
separations—under the guise of guardianship actions
which now ran at about one a day.
When a marriage broke up there often was disagree-
ment over the custody of a child. When the issue came
before the High Court the whole reason for the break-
up emerged and the child, the centre of the action, felt
responsible for the breakdown. This was damaging.
The Court was providing matrimonial remedies through
the back door.
What was required, Mr. Duncan suggested, was a
thorough review of the role of the Courts and Irish
family law. "The role of the legally-trained judge in
the whole area of family law needs to be reassessed,"
he declared.
Mr. Sean MacBride, S.C., chairman, said it was a
sad commentary on this country that there was no free
legal aid available in the city until the emergence of
FLAG.
STRONG RECOMMENDATIONS FOR FAMILY
PROCEEDINGS IN CAMERA AND FOR
LEGAL AID
A strong recommendation that all family proceedings
be heard in camera is made in the F.L.A.C. report,
which makes proposals for reform in our laws.
1. The High Court: The Petition procedure is
cumbrous and anachronistic as pointed out heretofore.
It is proposed that a new form of Special Summons
be created in its stead, which could claim, in a single
multiple Indorsement of Claim, all remedies sought
(e.g., Custody of Children under the 1964 Act, a decree
of judicial separation, and an order under the Married
Women's Property Act 1882).
2. Privacy. It is recommended most strongly and
unequivocally that all family proceedings be heard in
camera.
3. Legal Aid : It is most strongly recommended that
legal aid be available in all courts for family matters.
It could be obtained in the same way as the present
criminal legal aid is.
It is strongly recommended that all stamp duties be
abolished for proceedings before courts involving
family matters if a party is legally aided.
4. It is recommended that all interim orders be made
on motion ex parte. If the judge considers it reasonable,
he would have power to order the attendance of the
Defendant.
5. It is strongly recommended that all court orders
relating to money payments be enforcable through the
serving of a Notice on the employer of the defaulting
party compelling him to pay the money into Court as
the husband earns it.
6. It is strongly recommended that the criminal Dis-
trict and Circuit courts sit in camera when dealing
with family matters.
7.
The same comments apply to enforcement in the
District and Circuit Courts as apply to the High Court.
Within the present system these are the only practical
reforms that can in any way alleviate an intolerable
situation. We feel that even if all the above suggestions
were implemented the situation would still be totally
inadequate.
Present Statute Law :
Illegitimate Children (Affilia-
tion Orders) Act 1930. Enforcement of Court Orders
Act 1926 and 1940, Courts Act 1971.
Recommendations :
1. In all places where the statute states a limit of
time, raise that limit to 18 months.
2. The age to which the weekly sum should be con-
tinued should be raised to 18 years.
3. The section relating to evidence should be am-
ended to allow an order to be granted once the Justice
is satisfied on the direct evidence before him and such
evidence is corroborated in some material particular.
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