Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We need an overhaul of the operation of the family justice system to ensure that it becomes more efficient, that our courts are more family-friendly and that we put the family at the centre of all the work done.

I am very much aware of the concerns that the Deputy has raised about parental alienation. This is a very complex area and, like her, I have met many people who have raised concerns about it. This is something I want to consider as part of our wider programme of family law reform. I intend to arrange for research to be carried out by my Department early next year on this. Changing the legislation is not the only option and there may be other appropriate interventions that need to be done at an earlier stage to deal with different types of behaviours. The best interests of the child will of course be paramount in any considerations, whether they relate to legislative change or other types of measures to try to work with and support families.

A family justice oversight group has recently been established in my Department. In addition to officials, the membership of this group also includes representation from the Judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth. The group held its first meeting in September and has been tasked with driving progress on the development of a national family justice system. This is a high-level group that will co-ordinate the delivery of the various elements of this project and I will meet the group again in the morning.

The Oireachtas joint committee recommended that consideration should be given as to whether laws should be amended to take into account cases where one parent is wrongly influencing a child or children against the other parent. The family oversight group that has been established will consider this recommendation, as well as others, and it will also consider the research being commissioned by my Department in the new year.

A family court Bill is being drafted, following approval of the general scheme by the Government. The family court Bill is a commitment in the programme for Government and when enacted it will be a key element in the development of a more efficient and family-friendly court system that puts families at the centre of its activities, providing access to specialist supports and encouraging, in a most important way, the use of alternative dispute resolution in family law proceedings. The development of a comprehensive and sensible family law procedure, particularly for vulnerable families, will be central to this new system.

Additional information not given on the floor of the House

In the preparation of the general scheme of the family court Bill, account has been taken of the report of the Oireachtas Joint Committee on Justice and Equality, which published its report on reform of the family law system just a year ago.

There is no specific legislative provision regarding parental alienation in Irish family law but section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or well-being. There are also legislative provisions in place to deal with child welfare, particularly regarding the relationship between a child and his or her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues.

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