Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Deputy Durkan for raising this important issue, which I am taking on behalf of the Minister for Children, Equality, Disability, Integration and Youth. Under the Child Care Act 1991, Tusla, the Child and Family Agency, is the statutory body with responsibility to promote the welfare of children who are not receiving adequate care and protection. The Act is the key piece of legislation whereby the State, as a last resort and for the common good, may intervene to take the place of parents, as provided for under Article 42A.2.1^oof the Constitution.

Tusla can apply to the court under the Child Care Act for a number of different orders when it believes that children are at risk or in need of care. These orders give the courts a range of powers including decision-making regarding the type of care necessary and access to the child or children for parents or other relatives. In such cases, the court has the power to direct Tusla regarding the care of the child. Under this Act, the court must regard the best interests of the child as the paramount consideration.

Section 26 of the Child Care Act 1991 provides for the appointment by the courts of a guardian ad litemin respect of child care proceedings. The courts are, subject only to the Constitution and the law, independent in the exercise of their statutory functions and the conduct of any family law case is a matter for the presiding judge.

The programme for Government contains a commitment to enact legislation relating to the family courts. The Family Courts Bill will be a key element in the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The Minister for Justice received Government approval in November to publish the Family Courts Bill and the first national family justice strategy, marking a significant step towards reform of the family justice system.

The Department of Children, Equality, Disability, Integration and Youth is represented on the family justice oversight group, which is led by the Department of Justice. It is closely involved in the planned reforms, particularly as they relate to child care proceedings, and in ensuring that children’s best interests are central to this process.

The Minister, Deputy O'Gorman, as the dedicated Minister with responsibility for children, is committed to upholding the best interests of children in all situations.

Ireland held the presidency of the Council of Europe in 2022. One of the priorities chosen for the Irish Presidency was "Hear our Voices", which had a particular focus on youth engagement. As part of this, the Minister was delighted to host a conference in October 2022 focusing on the rights and determination of the best interests of the child in parental separation and in care proceedings.

Last year the Minister oversaw the enactment of the Child Care (Amendment) Act 2022. The main purpose of the Act 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. The Bill provides for reform of guardian ad litemarrangements in childcare proceedings, addressing significant shortcomings in the current system and providing a presumption in favour of appointment of a guardian ad litemin all childcare proceedings. However, private family law is not covered by this legislation.

Legislation related to private family law is under the remit of the Department of Justice. Section 32 of the Guardianship of Infants Act 1964, as inserted by section 63 of the Children and Family Relationships Act 2015, provides that a court may appoint an expert to determine and convey the child’s views, known as a voice of the child report.

See this speech in context