Health boards could face further censure from the judiciary unless they do more to protect the rights of children, especially under forthcoming human rights legislation, a District Court judge has said.
Judge Gerard Haughton told a law conference on the European Convention on Human Rights: "It is only a matter of a short time before our obligations as judges under the convention oblige us to take the initiative to remedy clear breaches of the human rights of a substantial number of litigants and their children."
He also said another family law court was needed in Dublin to deal with the enormous workload.
The Minister for Justice, Mr O'Donoghue, told The Irish Times that health boards and local authorities would be more transparent under the forthcoming human rights legislation.
Judge Haughton said under the law the court "can direct the health board for the area in which the child resides, or is for the time being, to undertake an investigation into the child's circumstances".
Before this order is made there is a judicial determination that a child is at risk.
The judge said . . . it could take between nine and 12 months in the Dublin metropolitan area to receive a report on the child's circumstances. "In the meantime, children are or may be at risk," he said.
"I have no doubt whatever that delays of this magnitude are a breach of Article 8 [no interference by a public authority except for the protection of health or for the protection of rights of freedoms].
"Furthermore if, on investigation, it transpires that a child is being seriously neglected or ill treated, there is also a breach of Article 3 of the Convention [no one shall be subjected to torture or to inhuman or degrading treatment or punishment]," he said.
The question must be asked as to the responsibility of the court, he said.
On another topic, Judge Haughton said an average 12 interim barring orders were granted each week over the past two years.
He referred to a random sample of cases which showed the average period for which an order was granted was 46 days.
"To order an individual out of his family dwelling is almost as serious and far-reaching as taking children into care," he said. Present practice would be a "gross violation" of Article 8 of the Convention [the right to respect for his private and family life, his home]. It would also breach Article 6 requiring "a fair and public hearing within a reasonable time".