Oireachtas Joint and Select Committees

Wednesday, 9 April 2014

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Children and Family Relationships Bill 2014: Discussion

11:25 am

Ms Margot Doherty:

Indeed. We are concerned about the possibility of an unlimited number of guardians given that step-parents, grandparents, aunts, uncles and others can become guardians. Those of us in the office know the difficulty in getting consensus when two guardians disagree. I ask the members to be alert to that possibility, although I am not saying they should place a limit on it.

We are very disappointed that the terminology in the Bill did not change to "parental responsibility" instead of "guardianship". It refers to access and custody instead of day-to-day care and contact. That would bring us in line with our European neighbours, and is what the Law Reform Commission recommended.

There are a few definitions of guardianship in the Bill, but it would be better to have one concise definition of guardianship. When parents and guardians are mentioned, are the parents guardians? One can be a parent and not a guardian, a parent and a guardian, a guardian and a parent or a guardian and not a parent. We ask that the legislation be clear on the terminology.

Generally speaking, we welcome the Bill. There is a great deal in it and we hope there will be a good information programme when the Bill is enacted.

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