Written answers

Wednesday, 2 November 2011

Department of Justice, Equality and Defence

Sexual Offences

8:00 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Question 341: To ask the Minister for Justice and Equality his views on a matter (details supplied) regarding child sexual abuse; and if he will make a statement on the matter. [31978/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The wide range of matters raised by the Deputy have been noted in my Department, insofar as they are matters for which I have responsibility.

As the Deputy is aware, family law proceedings in the courts are held in camera. Under the law as it stands the giving of false evidence in any court proceedings, including family law proceedings, is an offence punishable by imprisonment. Any person who has knowledge of such false allegations should bring them to the attention of An Garda Síochána.

Orders made under the Guardianship of Children Act 1964, as amended, concerning guardianship and custody of, and access to, children, are subject to section 3 of the Act which requires the courts to regard the welfare of the child as the first and paramount consideration. Any proposal requiring automatic changes in custody arrangements in specified circumstances would not respect this very important principle.

In respect of the provision of legal aid in the family law matters referred to, the Legal Aid Board is the statutory body providing civil legal aid in such matters. The Board has procedures in place, underpinned by legislation, which allow for the termination of a legal aid certificate where it is deemed warranted by a client's behaviour in the conduct of proceedings. The Board has informed me that it regularly represents both parents in the family law matters referred to and does not in any way discriminate between fathers and mothers in the granting of legal aid or in the conduct of cases. The Board completely rejects any notion that its solicitors would be in any way complicit in the making of any such false allegations, and I fully support the Board's stance in that respect.

Comments

Cathal Garvey
Posted on 4 Nov 2011 8:40 pm (Report this comment)

Minister Shatter informs us that "family law proceedings in the courts are held in camera" but then goes on to say that
"Under the law as it stands the giving of false evidence in any court proceedings, including family law proceedings, is an offence punishable by imprisonment. Any person who has knowledge of such false allegations should bring them to the attention of An Garda Siochana".

Anyone who reports the giving of false evidence in family law proceedings to An Garda Siochana would be in breach of the "In Camera" rule to which the Minister referred and could be imprisoned themselves.

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