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

I thank the Minister of State for her extensive and detailed reply. I am aware she understands the situation and this is indicated in the reply. The situation also needs to look at how simple it has become. For example, if a child is reluctant to visit with one parent in a particular situation, it is immediately concluded that this child has been the subject of parental alienation. That may not be the case. There could be a reason the child does not want to go in that particular direction. That should be reasoned and should be argued. It is arguable and should be admissible.

The other part is that the child's voice is no longer heard in those situations because Tusla cannot get involved. Tusla is bound by the in camerarule, which ensures no free agent outside can comment as they do not know what has happened. The media cannot comment and are not allowed to attend. It is nobody else except those directly involved. I understand why all of that was done, but there are now serious indications that children are being subjected to an abuse that should not be happening. They have done nothing wrong. Kids do not understand why they have been separated forcibly from their parent, or why they are not allowed to meet the parent, or why they are not even allowed to attend the meeting. Provision is made in the legislation for all those meetings to take place.

The bit that really worries me is where a Supreme Court judge recently commented on the expertise of expert witnesses where he inferred that the witnesses were taking over the job of the court. That should not take place. There are strict rules whereby everybody has their right to fair play in the courts and that is our democracy. I am aware the Minister of State understands it and I know that help is coming but it is not coming quickly enough for the kids who are currently the subject of the law as it is being interpreted.

See this speech in context