The adversarial legal system's reliance on conflict makes it unsuitable for dealing with childcare proceedings, a senior social worker has told an international conference in Dublin. The inquisitorial system, as exemplified by the Dutch model, while not a perfect system of trial, had many advantages over its Irish counterpart, said Mr Kieran McGrath, of Temple Street Hospital, Dublin.
"There are indications that in Ireland the legal climate may be becoming more conflictual with increasing levels of stress for the parties to these disputes, especially the children and their parents," he added.
Mr McGrath was speaking at the Joint European Regional Seminar on "Culture and Identity: Social Work in a Changing Europe", in UCD.
The conference is hosted jointly by the Irish Association of Social Workers and the department of social policy and social work, UCD.
About 600 social workers, including leading practitioners and researchers from more than 20 countries, are attending.
He suggested the introduction of a Constitutional change in line with the recommendations of the Kilkenny Inquiry to establish, once and for all, the "paramountcy principle", i.e. that the best interests of children shall prevail in all legal disputes.
It should also be recognised that the implementation of the law is as important as its content in terms of its practical effect. "The adoption of a truly inquisitorial approach in child protection cases, akin to the Dutch system, would be a positive step in this regard.
"The Dutch system, as an example of an inquisitorial system, is not a perfect method of trial but compared to the adversarial model has much to commend it. The approach is more rational, less stressful and demands a more conciliatory approach by all involved."
Mr McGrath said that while major structural reform was awaited, Irish judges could make the present system work better by adopting a better system of case management in line with the recommendations of the Law Reform Commission's report on the Family Courts (Law Reform Commission, 1996).