Joe Carey (Clare, Fine Gael) | Oireachtas source

I welcome the opportunity to contribute to this important debate. I welcome the publication of this ambitious Bill, the Child and Family Relationships Bill. I congratulate the Minister, Deputy Fitzgerald, on bringing it before the House. I also acknowledge the work of the former Minister, Deputy Shatter, on this Bill and in the area of family law. The Bill is another essential tool in the protection and underscoring of children's rights in Ireland.

I have no doubt that there will be a substantial debate in the House on this legislation. Allied to this there are many observations and recommendations from expert parties such as the Office of Ombudsman for Children, which will also inform us as the legislation progresses through the Houses of the Oireachtas.

This is substantial child-centred legislation which will address a series of anomalies created over the past five decades in our family law system and thus ultimately offer far greater protection to our children. The Bill will put children at the heart of family law, provide legal clarity on various family types and address issues faced by children in non-marital families, as well as addressing key issues relating to guardianship, custody, access, maintenance, adoption and parentage.

The law to date has not caught up with the changes in the family. There are now many pathways to parentage. The Constitution places great importance on the family and Article 41 defines it as "the natural, primary and fundamental unit group of Society". However, the courts have narrowly interpreted the constitutional family as only including marital families. Cohabiting couples, civil partners, lone parents, unmarried fathers and grandparents have all in essence been excluded from this definition. An increasing number of children are being cared for in non-marital settings. For example, one in four children live with lone parents and almost one in ten live with unmarried cohabiting couples. Despite this the law does not provide a mechanism whereby the unmarried parent's relationship with the child is recognised. This can impact on their day-to-day parenting role, for example, in giving consent to medical treatment or granting permission for school trips.

There is diversity now, maybe even fluidity to the family that has not been correctly acknowledged. Existing law in Ireland does not really recognise the realities of family life in the country we live in today. The Bill is designed to modernise the law regarding the parental rights of children living in diverse family forms. The Bill will address the needs as they arise of children living with their married parents, their unmarried parents, a parent and that parent's partner, or a grandparent or other relative who is parenting the child.

As the Minister said last night, the Bill represents a watershed in the development of Irish family law. Children are entitled to security and stability in their family situations. Children are entitled to clarity in law around the issues of parentage, guardianship and access. The Bill merely, but fundamentally, modernises Irish law in a range of complex and sensitive areas and puts the child at the centre.

The Children and Family Relationships Bill is long overdue and I wholeheartedly support it. I look forward to its passage through the Houses of the Oireachtas.

See this speech in context