Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on the Children and Family Relationships Bill. In the programme for Government we made a commitment to modernise and reform outdated elements of family law. As the Minister, Deputy Fitzgerald, stated, when enacted, the Bill will be a watershed in the development of Irish family law and will align it with the realities of modern Irish family life. It is clear that the current law does not adequately address the many diverse family situations that exist in Ireland today.

The Bill is centred on the child and will address the needs of children who are living in diverse family situations. It also clear that the Bill will ensure that the child's best interests are served, regardless of the family type. It acknowledges that children, regardless of family type, have a fundamental right to security and stability in their lives. Children have a right to clarity and transparency on the rules of parentage, guardianship and access. I wholeheartedly agree with the Minister's comment that children need to know that there is someone who has a legal duty to care for them.

As Members know from their daily constituency work, family life in Ireland has changed dramatically since the Guardianship of Infants Act was enacted in 1964, over 51 years ago. The census of 2011 confirmed that the traditional fabric of family life in Ireland is changing. Over 215,000 families are headed by lone parents and 44% of parents have never married. There are more than 49,000 households of cohabiting couples with children under 15 years of age, and this figure has risen by over 40% since 2006 and is continuing to rise. It is clear from the census that a significant number of children are living in household types other than those headed by married parents.

The Bill will address a wide range of family situations in Ireland today, including situations in which children are reared within married families, in lone-parent households, by same-sex couples or by grandparents or other relatives, and children who have been born through assisted human reproduction. It will have a positive impact on Irish family life, not only for the children but also for people who have a legal responsibility in the care of children. Features of the Bill which I support and welcome include the provision enabling a larger range of unmarried fathers to become guardians of their children automatically. A father who has lived with the child's mother for 12 consecutive months, including at least three months with the mother and child following the child's birth, will automatically become a guardian.

The Bill will enable grandparents and other relatives to have access more easily in the event of a relationship breakdown and will allow them to apply directly to the court for access, unlike the current system which requires a two-stage process whereby they must apply to the courts for leave to make an application for access. As a grandparent, and like many thousands of grandparents throughout the country, I am delighted that access to grandchildren will now be more straightforward. The Bill will also enable a relative to apply for custody of a child. In addition, a parent's spouse, civil partner or cohabitant of not less than three years can also apply for custody where he or she has shared the parenting of a child for two years.

The Bill allows a person to apply for custody if he or she has parented a child for a year and if there is no parent or guardian willing or able to exercise the powers and responsibilities of guardianship. It will enable the birth mother and the partner to register the birth of the child jointly, rather than requiring them to undertake court proceedings to establish parentage. It will also enable civil partners and cohabiting couples who have lived together for three years to be eligible to apply jointly to adopt.

To conclude, I fully support the Bill and commend the Minister, Deputy Fitzgerald, on her introduction of the Bill to the House.

See this speech in context