John Halligan (Waterford, Independent) | Oireachtas source

I welcome the publication of the Children and Family Relationships Bill 2015. The publication of this Bill is every bit as momentous, complex and society-altering as has been stated by the media and many Deputies. Its implications are profound for all families but most especially the range of non-traditional families in this country. I commend the Government for recognising the reality of this family life and for its attempts to modernise family law. I am especially relieved that guardianship rights have been extended to significant people in a child's life. I am aware of a number of cases in which grandparents are raising their grandchild because their own child is not in the picture, perhaps due to addiction issues. Many of these parents, as they have become, have had to jump through all kinds of hoops to gain legitimacy in what is a deeply complex situation.

The birth parent, as we know, is not always the best person to bring up a child. This legislation will, it is hoped, make things easier for other caregivers who have stepped into the parenting role when the birth parent could not.

Almost one in five children lives in a lone-parent household but the reality is that Ireland has always had diverse family structures. Many will be aware of the non-traditional families in our history. For example, a child might have been raised believing his mother was his sister. The rights of the child, never mind the rights of unmarried fathers, were an alien concept in the State for far too long. No child deserves to grow up with an X on his birth certificate where the name of the father should be. No father should be forced into absenteeism. What occurred was inhumane and, in spite of the thinking of many pillars of society and liberal, forward-thinking people, the practice of successive Governments was pretty poor. It is very disturbing in the sense that it has taken until 2015 for us even to consider some aspects of what many consider to be a human rights issue. For doing so, the Minister must be complimented. There is no doubt about that.

Awarding unmarried fathers the legal right to have a relationship with their child is a clear indication that the teachings of the Catholic Church have no place in legislation in this country. I only wish the Government could be as proactive in spurning the Church as the Minister is on abortion by addressing the travesty of exporting cases of fatal foetal abnormality. This is a major issue for me. I did not get an opportunity to say this in the debate last week, but am saying it now.

This Bill has been welcomed by front-line groups as a positive step towards equality for all children. There is no denying that it will have a positive impact. However, we cannot leave it unsaid that there will never be equality among all Irish children while so many are living in deprivation and poverty. It is horrific that the latest poverty figures have shown an increase in child poverty. There has been a continuous increase over recent years. As many of us know, the dire effects of poverty are always heaped more upon women and children than men, which is dreadful. It is a little ironic that a Government that seeks to afford children equal rights in legislation could simultaneously create policies that generate further inequality and undermine the well-being of so many parents and children. It is worth reminding people that the number of children experiencing consistent poverty has doubled since the beginning of the downturn in 2008. Extraordinarily and astoundingly, at the end of last year there were 880 homeless children.

Forcing lone parents with no child care provision to work when their child reaches the age of seven will not create an equal society. Those living in lone-parent households continue to experience the highest rates of poverty and deprivation. Almost 69% of individuals in such households experience one or more forms of deprivation. These figures are not mine but are produced by the CSO, Social Justice Ireland, the Society St. Vincent de Paul and other organisations. They are quite horrific. One might say this is not the time to raise them but it is relevant to remind ourselves that so many children are experiencing deprivation and poverty at a time when we are speaking about legislation on children and family relationships and civil and human rights for children.

I am a little disappointed that there is nothing in the Bill to improve the rights of unmarried fathers who do not live with the child's mother. This has been said. I refer to the provision that requires a father to have lived with the mother of the child for 12 months before he can apply for guardianship rights. This will certainly deny many fathers their rights. This really needs to be re-examined. As the Minister knows, relationships can be very complex. Their complexity sometimes leads to them breaking down. There are many reasons a relationship breaks down. A loving and devoted father who happens to be living apart from his children should not suffer as a consequence. This can apply to the mother at times.

It is possible when a relationship breaks down that the couple can disagree over the length of time for which they have been cohabiting. I am sure many Deputies and councillors have come across that. We are all aware of cases in which a relationship has turned sour. There is considerable variation in the information being relayed to family law courts by both mothers and fathers.

I am aware of a number of cases in which fathers had to fight tooth and nail to gain any kind of access to their children, never mind joint access. There is nothing more distressing and hurtful for a councillor, member of the Oireachtas or legal professional than to meet a parent who has no access whatsoever, or who has been denied access, to his children. Sometimes there is no question but that this is for very legitimate reasons but it is sometimes for very controversial reasons. Sometimes when allegations are made, the father may have no access to his child for six months to a year until those allegations can be investigated. This is very distressing and generates among some parents a considerable amount of illness, mental breakdown and suicidal tendencies.

We need more reform of family law and the family courts if we are to deliver the essential justice that the Minister intends to be delivered if the Bill is passed. Some have called for a central register to track guardianship agreements between unmarried parents. This is crucial and the Minister should really consider it. It would act as a safeguard against the very many disputes that take place and about which I have spoken. I do not know whether this proposal can be included in the Bill at this stage but it may be possible to address it independently of it. I am sure it can but I am not too sure that it requires legislation. Many countries have a central register that tracks the guardianship agreements and other arrangements. This has helped in respect of controversial relationships and where controversy arose over access to the child. If every agreement were registered, it could only benefit families in the longer term. Reading this Bill, I am at a loss to understand why my proposal was not included in it.

There are some amendments to the Bill that I will have to support but I certainly will not vote against it. Perhaps the Minister will consider my proposal on having a register. I am not saying it must be included in this Bill. Perhaps the Minister should examine the systems in France, Sweden and Germany, which have a central register that appears to work very well in disputes. I compliment the Minister. It is not always that the Opposition can compliment the Government on bringing forward good legislation. It has done so on occasion. I compliment the Minister on bringing forward the Bill, and I will be supporting it.

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