Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I am sharing time with Deputy Boyd Barrett. I warmly welcome this new, radical legislation and will be strongly supporting it. It is a major and historic Bill that is child-centred and addresses the needs of children in diverse families. That is the direction we should go in this country. It will provide for access to parentage, guardianship, custody and access across a range of family situations that are not covered in current law. This is the important thing in this legislation and what is important when we talk about the rights of children and the new situations in which families find themselves in Ireland in 2015.

We must emphasise the importance of putting children and families first. It is appropriate for us to look at the situations in which some families and children live. When we talk about putting children's rights at the heart of legislation, we must also point out that the number of children living in poverty must be dealt with. The rate has increased from 7.7% in 2012 to 8.2%, which is a national scandal. A total of 1.4 million people or 31% of the population are unable to afford basic items. There are 135,000 children in poverty. A total of 25% of the population are unable to afford to heat their homes. Again, I emphasise that these are families. Problems are most acute among the unemployed and people with disabilities. I will deal with this situation later. Ireland ranks 37 out of 41 OECD countries in terms of child poverty. Supporting these families is important. When we talk about the rights of children, we should not forget the 8,000 cases of child abuse, neglect and welfare concerns over children at risk waiting to be allocated a social worker. This makes a mockery of any children's referendum because this is blatant neglect. We need to up our game in respect of protecting the rights of children.

Earlier today the issue of undocumented migrant families in Ireland was discussed by the Joint Committee on Justice, Defence and Equality. There are between 20,000 and 26,000 undocumented migrants in this country, many of whom entered Ireland legally and have been living and working here for many years. Some 87% of these people are in employment and 81% have been living in Ireland for over five years. During the meeting I took the opportunity to stand up for these families and asked that the committee appoint a rapporteur to compile a report and recommendations for the introduction of a regularisation scheme and to report to the Minister for Justice and Equality in this regard in the next couple of months. I take this opportunity to call on the Minister for Justice and Equality to introduce during the lifetime of this Government a once-off time-bound regularisation scheme with transparent criteria. I raise these issues on behalf of the families concerned. The following is a quotation from one of the people who attended the committee meeting today on behalf of the Justice for the Undocumented Campaign:

My name is Jason. I am from the Philippines and am living and working in Ireland for 11 years. I am undocumented.

He also said:

When I first left, my youngest was five. He kept asking when I was coming back. He's seventeen now and has not stopped asking.

I raise this issue in the context of the severe damage being done to the relationships of these people. I ask the Minister to be brave and support the regularisation of undocumented migrants in this country. It is important to look at the cost implications in this regard. A regularisation scheme would bring in annual income of in excess of €7.5 million through direct taxation. A once-off fee would generate in the region of €11.5 million. Income generated through employer PRSI contributions would generate €20 million per annum. In total, the scheme proposed by the Migrant Rights Centre Ireland, of which I am supportive, has the potential to generate €185 million over five years. This would offset any resource implications arising from the introduction of the scheme and would contribute significantly to the tax purse. I raise this issue in the context of the legislation before us.

I commend the Minister on the introduction of this Bill. It is important we modernise Irish law in regard to the parental rights of children living in diverse families. This Bill addresses the needs of children living with married parents, unmarried parents, a parent and the parent's partner and a grandparent or other relative who is parenting the child. It also includes provisions for children born through assisted human reproduction and being parented by same-sex couples. I have met many such couples in my clinics over the last number of years. I know of many same-sex couples who are doing an excellent job raising young children and teenagers. They are making a massive contribution to our society. This should be recognised in the context of this debate and any future debate on the forthcoming referendum, which I will be supporting. One either believes in equality, or one does not. One either believes in the rights of our citizens, or one does not. There can be no fudge on these issues. Regardless of opinion polls and commentary around soft under-currents we must stand up for equality and our friends, neighbours, children, distant relatives and family members who are demanding equality. Likewise, in this legislation. I take this opportunity to pay tribute to the many foster parents who, in terms of the help they are providing for young children from dysfunctional and poor families, are doing an excellent job. We need to support them more.

It is imperative that this Bill is passed. If enacted it will impact significantly and positively on many families and children. However, I am concerned that there is nothing in this Bill for unmarried fathers unless they have cohabited with the mother of the child for 12 months, including three months minimum post-birth. Fathers who do not meet this criteria will continue to have to resort to the courts if the mother does not agree to sign a statutory declaration for joint guardianship witnessed by the Peace Commissioner or Commissioner for Oaths. While, as I said earlier, this legislation is historic and ground-breaking, sadly it fails to address the current discriminatory situation of unmarried fathers. In line with other jurisdictions such as Northern Ireland, the UK and many European countries unmarried fathers should have automatic rights to their children when jointly registering the birth. In my experience the majority of parents and professionals mistakenly believe that inclusion of the father's name on a birth certificate gives him guardianship rights. This misinformation has major adverse consequences for children. At the very least the Children and Family Relationships Bill should make mandatory the provision of information to all unmarried parents at the time of birth registration. The information provided should state the legal position of unmarried couples, in particular the lack of rights for non-cohabiting, unmarried fathers. The provision of mandatory information could be aligned with the current changes being brought about by the Civil Registration (Amendment) Act 2014.

Where a statutory declaration for joint guardianship is signed and subsequently mislaid or destroyed there is no evidence that the father has guardianship rights to his child. This can have dire consequences, such as a father losing contact with his child, particularly where the mother moves residence or country, or his not being able to consent to medical treatment for his child. The Bill should make provision for the establishment of a central register for joint guardianship agreements to ensure retention of a record of statutory declarations agreeing guardianship rights. The Joint Committee on Justice, Defence and Equality and the Law Reform Commission have both recommended the establishment of a central register for joint guardianship agreements. However, it appears this will not be provided for in this legislation.

I welcome this legislation and will be supporting it. I again compliment the Minister on the manner in which she has presented it to the House. As I said earlier, it is historic, child-focused legislation.

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