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

I thank the Ceann Comhairle for allowing me to raise this important issue once again. I thank the Minister of State for coming into the House to reply. As we all know, this arises from the continued and ongoing use of section 47, section 32 and other sections in litigation in respect of family custody situations. The production of a section 47 or a section 32 report predetermines the outcome of any case, any discussions in almost every instance, particularly in cases where no cross-examination of the producer of the report is allowed. It is either ignored or disallowed.

The Minister has very kindly indicated a change in legislation which is due to come before the House early next year. Provision is being made at the end of the current year. The problem is that in the meantime, the abuse to children and their mothers and fathers continues. It comes with the authority of the State. Damage is being done to mothers and children as a result of the grotesque manner in which this is being carried out. The process is being accelerated notwithstanding the recognition that there is a new law about to come into force. Some measure is needed to disallow the use of that section in the interim in order to allow parents and children have the benefit of the new legislation when it comes into play rather than having to go back and appeal again and again.

The point I have made many times in the past, which the House has allowed me to do, is that the abuse continues and happens all over the country. Every week we get letters and calls to our office to the effect that this is happening again. Because it has been raised, understandably, the victims know that help is at hand. In the meantime, however, advantage is being taken of the situation to establish certain alleged rights. I strongly urge that something be done as an interim measure to interrupt the process and to instil in the minds of those who are committed to the concept - it has never been peer reviewed, has no standing in law at all and to my mind is unconstitutional in the way it happens in this country - and who are operating retrospectively that it is not going to go on forever and that we should be looking at the way things are likely to emerge in the future. This is because the Minister has already indicated that changes are at hand. I welcome the Minister of State, Deputy Rabbitte. I thank her for coming to the House, for her reply, and for her understanding of this issue in the past.

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