Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I broadly welcome the Children and Family Relationships Bill. It is a positive contribution to the law in this area. It updates and improves the legislation. I suppose it reflects the changes in society over the years and takes account of the many different family types currently in existence. Some areas within the Bill could be improved or amended and I will refer to those shortly.

This is probably the most significant change in guardianship legislation since the 1960s. At that time, approximately 3% of children were born to unmarried women. Given the situation in 2014, when over one third or 36.1% of children were born to unmarried women, this represents a significant change. Obviously the structure of Irish family life changed significantly between the 1960s and today. The Bill recognises that reality and the diverse types of family involved.

Currently, approximately 24,000 children are born every year in circumstances where the father has no legal relationship with the child. This is not acceptable and needs to be changed. The 2011 census painted a picture of the significant changes that have taken place in society over the years. The figures include approximately 308,000 children living with 186,000 lone mothers, 104,000 children living with 60,000 unmarried cohabiting couples, 43,800 children living with 29,000 lone fathers and 230 same-sex couples with children. Of course we have no idea how many children are being cared for by grandparents and other family members. The figures are simply not available but we all know the number is considerable.

The Bill represents an important reform of child and family law and puts children at the heart of family law. It addresses various issues, including guardianship, custody, access, maintenance, adoption and parentage. The Bill will provide legal clarity around various family types and addresses the discrimination faced by children in non-marital families. I hope it will significantly reduce the number of cases that go to court due to the current legal vacuum.

The whole question of the definition of the best interests of the child is particularly significant and this is the first legislation which defines that interest. There is the whole question of the participation of children in judicial decision making and having the voice of the child heard is particularly important.

The Bill may not go far enough, however, and is still discretionary, so perhaps it needs to be changed. Professor Ursula Kilkelly of the UCC Law School has indicated that such discretion should be changed to make this mandatory. There are a number of other amendments which I believe are necessary, many of which have been referred to already. In particular, there is the question of a central registrar for statutory declarations for joint guardianship, the question of a comprehensive court welfare service and its funding and resourcing to ensure that all families, irrespective of means, will be able to avail of those services and, again, the question of joint guardianship for unmarried fathers. Of course, the Law Reform Commission as long ago as 1982 and again in 2010 said that non-marital fathers should have automatic joint guardianship, so that is another aspect of the Bill that may require amendment.

Generally, I welcome the Bill. It is a positive contribution to the law in this area and reflects the current societal situation and the changes that have taken place in recent years.

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