Ms Orla O'Connor:

I thank the committee for inviting representatives of the National Women's Council of Ireland. We, too, welcome the publication of the general scheme of the Bill. We acknowledge the considerable work done on producing this important and necessary draft legislation. We are conscious that it is very extensive and covers a wide range of very complex areas.

The National Women's Council of Ireland represents more than 170 member groups from a diverse range of backgrounds, sectors and locations. This Bill has been the subject of discussion among our members, particularly those working on children's rights in terms of recognition of care, gender equality, LGBTQ rights and reproductive rights.

In my five minutes, I will focus on just a few points, the first of which concerns the diversity of families. We really welcome the Bill's recognition of the realities of diverse parenting circumstances and the intention to provide legal clarity on parental rights and duties in diverse family forums. We really do welcome the recognition of and provision for parental and guardianship rights of same-sex couples and the fact that legislation is finally addressing the anomaly whereby same-sex couples have been excluded from applying jointly for adoption despite their being free to do so as individuals.

We welcome the fact that the Bill is offering practical recognition of the realities of divorce and remarriage. The heads recognise that, in many cases, women and men play a significant role in caring for the children of their new partners.

The Bill has the potential to address the day-to-day discrimination currently experienced by parents and children in non-marital families, particularly with regard to cohabitation. Treoir has already touched on this, but we think clearer guidance needs to be provided on how cohabitation is to be determined. In examining this issue it is also important to consider how it might accommodate situations where consecutive cohabitation has not been possible.
We wish to highlight that the Bill is significant in its recognition not only of the role and caring responsibilities of both parents, but also of the wider range of relationships that a child may have with others - such as step-parents, grandparents, aunts or uncles - and the caring responsibilities and rights associated with those relationships. It should be noted that while recognising different rights and relationships, including the rights of separated parents or grandparents, the safety of children and the safety of their mothers must always remain paramount. For example, caution is needed in cases in which the mother has been a victim of violence by her partner. The Children’s Rights Alliance and Women's Aid have highlighted concerns around the extension of automatic guardianship where a woman has become pregnant through rape.
As regards the best interests of the child, the National Women's Council of Ireland welcomes the placing of the child at the centre of this legislation. This strong emphasis on the best interests of the child is significant and reflects a practical engagement with our Constitution and the UN Convention on the Rights of the Child.
The heads of the Bill are clear that the best interests of the child should be a guiding principle within the courts system. This also needs to look beyond the courts system to other non-judicial decision making such as mediation, which is a valuable and often a recommended alternative for parents. It is crucial that non-judicial or mediated alternatives should be held to the same standards, including the best interests of the child, as a guiding principle in all decision-making on children.
Head 32 refers to the factors in determining the best interests of the child. Section 3(j), for example, cites “The willingness and ability of each of the child’s parents to facilitate and encourage a close and continuing relationship between the child and other parent and to maintain and foster relationships between the child and relatives of the child." In drawing this out, it is important to consider issues around violence against women. The Bill does so in that there is a head concerning family violence. That is critical as regards moving on in developing the heads of the Bill. We welcome the recognition of the impact that violence can have on mothers and children.
The most recent research on violence against women by the European Union Agency for Fundamental Rights presents the first such comparative set of data. It includes shocking statistics on where Ireland is in this regard. With a view to further developing the Bill, it is therefore important to listen to the organisations that are working with women and children who have experienced and are experiencing violence.
We welcome the legislative engagement in the area of assisted reproduction and surrogacy, which has lacked clarity for far too long. A regulatory approach is needed in order to guard against exploitation and ensure the rights of the child, of intending parents, and of surrogates or donors of genetic material are all adequately protected. This area is scheduled for further discussion by the National Women's Council of Ireland's members, as there is no definitive policy on surrogacy and assisted reproduction. This will be discussed at our annual general meeting in June. We are engaging with our members this year to develop a concrete policy in this area. It will enable us to contribute more to the development of the Bill as well as examining the mechanisms by which to bring it forward.