Dáil debates

Thursday, 17 November 2022

Ceisteanna Eile - Other Questions

Family Law Cases

11:20 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank Deputy Durkan. As the Minister with responsibility for children, I am committed to upholding the best interests of the child in all situations. As the Deputy knows, Ireland held the presidency of the Council of Europe this year. One of the priorities chosen for the Irish Presidency was the theme of Hear our Voices and a particular focus on youth engagement. As part of this, I hosted a conference in October focusing on the rights and the determination of the best interests of the child in parental separation and in care proceedings.

Ireland is currently undertaking a number of major reforms that aim to improve the experience of children and families involved in family court proceedings. I am working closely with my colleague the Minister for Justice, Deputy McEntee, to ensure children's best interests are at the centre of her Department's proposed family court reforms.

I have also recently overseen the enactment of the Child Care (Amendment) Act 2022. In September I commenced section 4 of that Act which reflects the intent of Article 42A of the Constitution by confirming that, in any care proceedings under the Child Care Act, the court must regard the best interests of the child as the paramount consideration. The main purpose of the Child Care (Amendment) Act 2022 is to extend and regulate the guardian ad litemsystem for children involved in childcare proceedings. The provisions of this Act are intended to enhance the rights of children and the capacity of the courts to make the right decisions in helping children and their families.

Importantly, my Department is also reaching the end of a lengthy and in-depth review of the Child Care Act 1991. The Child Care Act, which is not childcare as we were just discussing, is legislation that looks to promote the welfare of children who do not receive adequate care and protection within the home. We have listened carefully to the concerns and suggestions of stakeholders, including children, and we have looked at international best practice. I hope very soon after our return from the Christmas break to bring the heads of a Bill to the Government to revise and update that Act. That is another opportunity for us to make sure that the best interests principle is ingrained in all elements of childcare proceedings in the country.

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