John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

37. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to proposals (details supplied) regarding the establishment of a child maintenance service; her views on such a service; if her attention has been further drawn to the positive impact this would have on lone parents and their children; and if she will make a statement on the matter. [8577/18]

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Earlier, we touched on the ESRI report. The Minister will be well aware of the difficulties faced by lone parents and the deprivation rates among them. Last month, I published a Sinn Féin proposal to establish a statutory child maintenance service. The setting up of such a service was one of the main recommendations from the joint committee, which produced a comprehensive study on lone parents. Will the Minister consider doing this in order to lift lone parents out of consistent poverty?

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I can confirm that I have received the proposals in question regarding the establishment of a child maintenance service.

The establishment of a service to assist lone parents to seek child maintenance payments would be a matter for my colleague, the Minister for Justice and Equality, because the Family Law Acts, which place a legal obligation on parents to maintain their children, are under the remit of his Department.

In cases where the family unit has broken down, obligations regarding child maintenance continue to apply and relevant maintenance payments can be arranged either directly between the parents themselves or through supports such as the family mediation service, the Legal Aid Board and the courts. The arrangement of maintenance is, therefore, a matter between both parents, regardless of whether either is in receipt of a social welfare payment.

My Department is reviewing this complex issue of maintenance as it relates to my Department and I expect to have a paper shortly. I agreed with the Chairman of the joint committee that I would send the paper to him on its competition. When I have completed my consideration of the issues, the best way forward can be decided in consultation with the Minister for Justice and Equality.

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I am aware that the responsibility lies with the Minister's colleague but it is an issue which Deputy Doherty, as Minister for Employment Affairs and Social Protection, must have a concern when she reads the information on the deprivation levels among lone parents in the ESRI report. We are aware of both the evidence and the studies that have been carried out.

The Millar and Crosse report, the Indecon report and the Survey on Income and Living Conditions, SILC, report for 2016 show clearly that consistent poverty levels are substantially higher in lone parent families. We know for a fact that child maintenance plays a critical role in helping to lift lone parent families out of consistent poverty.

In November, when I put the question about the establishment of a child maintenance service to the Minister, she asked, "Does Deputy Brady seriously think it is the State's responsibility to chase down maintenance?" The simple answer to that is "yes". There is a responsibility on the State to chase down maintenance to help lift lone parent families out of poverty and the establishment of a statutory child maintenance service would allow that to happen. I again ask the Minister for her view as to whether it is something that would be beneficial to lone parents and whether it is something that she, as Minister for Employment Affairs and Social Protection, would consider.

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I reiterate that the State helps parents with supports such as the Family Mediation Service, the Legal Aid Board and free legal aid in co-operation with the courts where people present themselves looking to obtain maintenance.

Regardless of whether I have a view, I have already explained that it is not within my remit to change the current family law. It comes under the remit of the Department of Justice and Equality. Therefore, if there is a maintenance agency ever to be established in this country, it will be done by the Department of Justice and Equality.

I have committed to reflect on those maintenance arrangements. When I have completed those considerations and deliberations, I will have a conversation with the Minister for Justice and Equality to see how we can move forward on this issue.

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

What is the scope of the review the Minister has initiated within her Department? What are the terms of reference? Will the Minister be looking at maintenance payments and the difficulties that lone parents encounter, for example, having to go through the District Court? I have spoken to many lone parents who have had to go to the courts up to 14 times and still have not received any maintenance payments. With the establishment of a child maintenance service, the non-custodial parent would be forced to pay the child maintenance directly to the lone parent and there would be no need to go through the courts system, freeing up substantial court time. If it was to be viewed from a financial perspective solely, it would save a considerable amount, for example, for the Department of Justice and Equality, in court time but, more importantly, in not having to put lone parents through that horrendous ordeal of having to go through the courts.

Many lone parents to whom I have spoken feel intimidated. They feel threatened. They feel the courts are not a place where they can go. Removing it from that setting would be beneficial. It would ensure that the non-custodial parent would pay what he is supposed to pay.

Putting a child maintenance service on a statutory footing is not abnormal in other countries.

Pat Gallagher (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Minister to respond. The Deputy has exceeded his time.

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It is something on which we have been criticised by the UN for not having in place. It is something that many organisations would like to see.

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will not say I agree with Deputy Brady because there are parts of what he stated I agree with and parts that I do not. I am trying to be clear to the Deputy in stating that it does not fall under the remit of the Department of Employment Affairs and Social Protection.

On what Deputy Brady proposes, the family law legislation takes away the control of the courts and there is an obligation under the law for every parent to be responsible to his or her child. We do not need to pass another law or to establish another agency for parents to have a legal obligation to their child; they have it today.

However, I recognise that lone parents' hearts are broken going back and forth. The courts have it within their remit to put a charge against somebody's wages. It is slightly different when it comes to the Department of Employment Affairs and Social Protection because the payments that are made from the Department are based on a certain standard of living and to start taking money from those who are only taking money in from the Department might cause difficulties. However, the laws are already there. I acknowledge and appreciate how frustrating they are and how revolving doors are working with people, but it is not within my gift to establish a maintenance agency. It does not come under the Department of Employment Affairs and Social Protection.