Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

The Ceann Comhairle kindly allowed discussion on this and associated subjects over the past six or seven months, eventually to the benefit of victims. Apropos the discussion we have just had, allowing debate when none was available was of huge, groundbreaking importance.

This matter relates to women who are mothers and who find themselves in particularly difficult family law situations. I refer to cases where the children and mothers - sometimes it is the fathers but more often it is the mothers - become the victims. In these cases, children are removed from the custody of their mothers and placed in the custody of the opposing party. That is done on a regular basis. That happens in almost 90% of cases, with the same result and the same procedure is followed. Invariably, the women in these cases appeal to the system to help them. The system in this instance is Tusla, whose responsibility it is to protect children. We were admonished in previous eras for not listening to or believing children. We have situations, as the Ceann Comhairle knows, where children have not been believed. Even Tusla has said it does not believe the children, that this is not its function and that the issues happen to be before the courts and nobody can interfere. That is not true and is unconstitutional if anyone was to take a case. The point is that the unfortunate women who find themselves in the circumstances to which I refer are in no position to take constitutional cases because they do not have the resources.

This will continue as long as it is allowed to do so, just like the previous topic we discussed. I seek an inquiry into the whole system insofar as it relates to Tusla and the family law courts. If this does not happen soon, there will be a tragic end to the situation. Children are in some cases put in cells away from their mothers; the mothers in some cases have been put in cells away from the children just to make sure. In some instances, children have been arrested and put in so-called places of safety, where there were previous allegations to the contrary. This still goes on.

The most annoying thing is the fact Tusla feels it cannot intervene on behalf of children, yet it is Tusla’s job to interfere on their behalf. In one situation, an employee of Tusla said they did not believe the child. That is a serious comment to make in any such situation. Who is going to believe the child? How will the child or children in such circumstances get protection? They cannot, of course, because there are too many oars in the water.

I thank the Minister of State for coming to the House to deal with this matter. I know he is familiar with the situation because I brought it to his attention before in the context of to his constituency. This is an important occasion. It will have a groundbreaking effect and be followed indefinitely.

See this speech in context