Charlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

I welcome the introduction of the Bill to the House. I would like to join with my party in indicating that it and I will support the Bill. The Bill makes the best interests of the child a central consideration in Irish family law and will ensure that decisions regarding children are, first and foremost, in their best interests. It will also ensure that all children are treated fairly regardless of their family background.

Our party acknowledges that Irish families are much more complex than they ever were in the past and it is very important that legislation is modernised and fairly reflects this. We now have many non-traditional loving families and they are not protected or given appropriate supports through the current laws. It is important, as the Minister has acknowledged, that this changes. We do however, have a concern which has been expressed by many in the House over the course of the debate, namely, the delay in the Bill coming forward and ensuring that it is given appropriate time to be considered and debated.

The first general scheme of the Bill was published on 30 January 2014 by the then Minister, Deputy Shatter. We were all waiting on the final draft to be presented to the Dáil a week before Second Stage commenced, despite commitments that the Bill would be passed well before the marriage equality referendum due on 22 May. On a point of principle, it is our party's position that legislation of this importance should not be published so close to when it is due to be debated. Instead, it should be given the priority and consideration it deserves by publishing it well in advance, thereby giving Members of the House time to ensure it is considered appropriately and to give the many people outside of the House it will affect time to engage with Oireachtas Members to ensure that during the deliberation on the Bill all appropriate points are made and properly teased out. That would ensure that the final legislation is appropriate and robust.

On the background in which this Bill is framed, my colleague, Deputy Brendan Smith, referred to the Constitution and how it places significant importance on the family. It defines it as "[T]he natural, primary and fundamental group of Society" in Article 41. As we know, the courts have given a very narrow interpretation of what the constitutional family means and it defines it as only including married couples. That means cohabiting couples, lone parents, civil partners, unmarried fathers and grandparents are excluded from the definition of the courts.

Increasing numbers of children are being cared for in non-marital settings and, as Deputy Smith pointed out, one in four children now live with a lone mother and up to 10% of children are living with unmarried cohabiting couples. The law until now, unfortunately, has not provided a mechanism whereby these family groups receive the appropriate recognition in law and their relationships with children properly recognised. It is welcome that this Bill is coming forward and that the Minister has put effort into ensuring that it is brought before the House, albeit more belatedly than might have been the case.

One area to which I would like to refer is the treatment of unmarried fathers in the Bill. As a party, we believe that the Bill falls short in how unmarried fathers are treated.

Treoir has argued there is nothing in this Bill for unmarried fathers unless they have cohabited with a mother for at least 12 months, a minimum of three months of which must have been after the child's birth. That means unmarried fathers continue to be in a position where they may have to resort to court if the mother is not in a position to agree to statutory declarations ensuring that the father can have joint guardianship. That currently has to be witnessed either by a commissioner of oaths or a peace commissioner. This is a lost opportunity, given how significant this Bill is for family legislation.

Treoir has indicated that this is groundbreaking legislation but there is disappointment that it is failing to address existing discriminatory issues with regard to unmarried fathers. Treoir's position is that we should pass legislation in line with other countries such as Britain, some other European countries and Australia, where unmarried fathers are provided with automatic rights to children if there is joint registration at the time of the child's birth. One of the interesting examples provided by Treoir indicates that the majority of parents and professionals mistakenly believe that having a father's name on a birth certificate for a child gives the father guardianship rights. Treoir has indicated such misinformation has had many major adverse consequences for children. I know the Minister is well aware of Treoir's recommendations, which are that, at the very least, the Children and Family Relationships Bill should make it mandatory to provide information to all unmarried parents when a child is born and at the point of registration. It indicates that information should state the legal position of unmarried families, with particular reference to the lack of rights for non-cohabiting and unmarried fathers. I know the Minister is also aware that Treoir has suggested that the provision of mandatory information should be aligned with the existing changes being brought about through the Civil Registration (Amendment) Act 2014.

Other points raised by Treoir involve a scenario where a statutory declaration for joint guardianship is signed and subsequently mislaid, resulting in no evidence of a parent's guardianship rights of a child. This can have real and lasting implications for fathers, such as losing contact with a child, particularly in cases where the mother of a child leaves the country. It also means a father could find himself in a position where he is unable to consent to medical treatment. Treoir has asked that the Bill make provision for the establishment of a central register for joint guardianship agreements, which would keep a record of statutory declarations agreeing guardianship rights. The Oireachtas Joint Committee on Justice, Defence and Equality and the Law Reform Commission have recommended that a central register would be established.

I ask the Minister to address the issues, which have been outlined coherently and clearly by Treoir. It appears quite unfair that at a time when there is so much fundamental change to family law, the rights of unmarried fathers are still being denied. This is a real and worthwhile opportunity to address the issue. We would appreciate it if the Minister could examine it and take time to engage with the people who have raised these issues and amend the Bill in this regard. Overall, our party is generally supportive of the Bill and we welcome its introduction to the Dáil. We will engage productively with the Minister in its passage.

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