Luke Flanagan (Roscommon-South Leitrim, Independent) | Oireachtas source

I welcome the provisions of the Bill which address the in camera rule as it relates to family law court cases. However, the devil is in the detail and my position on the legislation will depend on how the matter is ultimately addressed. The idea behind this legislation makes a great deal of sense. As someone who had two children outside of wedlock, albeit planned, it was shocking to learn that if I, as a man, were to seek guardianship over my children, whom I love, I would have to apply for it, whereas my partner has an automatic right of guardianship. Rights should not be based on one's genitals but on the fact that one is a human being.

Given the sensitivity of this issue, opening up the family courts will clearly cause problems in that confidentiality is vital for all concerned. At the same time, it is important that information is made publicly available. I have been contacted by many men who have been involved in cases in the family courts, many of whom have been accused of being misogynous for fighting for their rights. I have also been contacted by a number of women about this issue. One particular lady, a doctor, who sought to secure the right to look after her children was told she would have a better chance of securing guardianship of her children if she chose to stay at home and abandoned her fancy ideas of being a doctor. None of this information, which was very distressing for all concerned, could be reported.

It is interesting that this issue should arise at this time, especially given that the child protection watchdog this week called for an extension of guardianship rights. I am firm supporter of gay rights and rights for all citizens. I note the rights of single fathers appear as an aside throughout. They must be afforded equal importance with other rights. It always baffles me that a country that is predominately run by men does not bestow the same rights on fathers as it does on mothers in respect of looking after children. I often wonder if, subconsciously, some of these men would be horrified at the idea of having equal rights as it would mean they would have to look after their children. I cannot get my head around the reason anyone would think along such lines. It is difficult to understand that, despite having a predominately male Legislature, men must ask for permission to have equal rights of access to their children.

One of those who contacted me about this legislation asked me to read into record the details of his case. I have changed some of the information to guarantee his anonymity. This case shows the anguish that some people experience. I hope the change to the in camera rule and changes to guardianship rights in subsequent legislation will ensure the circumstances I am about to describe no longer arise. The person in question asks what is "this thing about guardianship that was on the news last night"? He and his girlfriend split up in October 2013 and have three boys. He is now living in a three bedroom house in County Roscommon and sees his boys every second weekend but has no say in anything else. He has paid €80 maintenance every week since the couple split up. His eldest boy is eight years and in school and his youngest son who is three years will soon start crèche. The father is not allowed to have anything to do with his children's schooling and does not even know which crèche his youngest son will attend. He would like to attend parent-teacher meetings, know where his children will be schooled and meet the people who will be part of his children's childhood, just to be more involved in their day-to-day lives. He is not, he states, one of those fathers who would settle for seeing their children every two weeks. While he would love to be with them every day, that is not possible but his boys are his life. This, he states, is the hand he was dealt. He had considered seeking joint guardianship to secure more say in the lives of his children and see them more often than at present. He asks whether there is an issue with guardianship for single fathers because he does not understand the position. Having spoken to the man in question after receiving his e-mail, I learned that one of the reasons he cannot understand the current position is that, despite having read up on the issue, he cannot get his head around the reason he is, in a sense, a second class citizen.

I hope the guardianship laws will be changed. The proposed changes to the in camera rule will at least result in greater fairness in the courts because it is human nature to be more careful when one knows one is being observed. This means the family courts will ensure not only that the i's are dotted and t's crossed but that the dots on the i's are perfect circles. This is what we need.

Fair dues to the Minister for taking on this difficult issue. He faces the difficulty of deciding what is the legitimate press. One will hear in the mainstream media that one cannot believe what one reads in blogs. As the Minister and I know, however, one cannot believe much of what one reads in the newspapers either. The Minister has one hell of a challenge in deciding what is the legitimate press and I wish him luck in nailing down the answer to that question. When I was elected to the House, I believed there were certain newspapers of record until I examined what they wrote about topics that were close to me.

The record is not always exactly what they print. In potentially sensitive cases, if they got access to these courts, it is one thing to annoy a politician for a day but to destroy a parent's or a child's life because of irresponsible reporting is another game and far more serious. To decide on exactly what is the legitimate press will be a difficult issue but it has to be opened up. However, the see-saw is to be balanced and progressed, and if it can be done in the right way and can be proved to be done in the right way, I will certainly support it. We cannot have a continuation of the current situation, no matter how sensitive, where things are done behind closed doors. Things were done behind closed doors in the Magdalen laundries, the church, politics and every walk of Irish life and it caused nothing but problems. If the right balance is struck in respect of thein camerarule, which is what I am most interested in, I will certainly vote for it.

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