Sir, - John Waters (Opinion, January 15th) complained of slipshod procedures and practices in the family law courts. Representatives from Amen met with senior officials from the Court Service and also made a six-page submission to the Committee on Judicial Conduct and Ethics in October 1999. In both instances we raised many of the problems identified by John Waters including (a) the failure to keep records of proceedings; (b) the appalling practice of having judgements written up by the solicitor for one of the parties; and (c) the unfair treatment of lay litigants (usually men).
Amen has argued that proper stenographic or electronic records of all family law proceedings should be kept and these should be made available to all parties to a hearing. The shortage of stenographers and costs are among the excuses given for the current unacceptable situation. There are alternatives to stenographers - e.g. electronic recordings - which are less costly. We are aware of many cases where men have been refused permission to bring stenographers into court. Parties who wish to provide their own stenographers should always be allowed to do so particularly when they are not represented. Records of proceedings are especially important for appeals and there are no good reasons why such records should not be kept.
Many of the people who contact Amen are shocked to find that court decisions are written up by the solicitors for one of the parties (usually the woman, for reasons outlined by John Waters). Amen regards this practice as totally unacceptable. All decisions should be written up by judges or independent court staff. Proper stenographic or electronic records of proceedings would ensure accurate records of judgements. There is little point in spending public money in creating an elaborate new Court Service with all its ancillary structures if such practices remain. - Yours, etc.,
Mary T. Cleary, Co-ordinator, Amen, Brew's Hill, Navan, Co Meath.