Bernard Durkan (Kildare North, Fine Gael)
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73. To ask the Minister for Children, Equality, Disability, Integration and Youth the extent to which he remains satisfied that the interests of children remain to the fore to the greatest extent possible in all situations where their interests may be challenged; and if he will make a statement on the matter. [56684/22]

Bernard Durkan (Kildare North, Fine Gael)
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This question relates to the extent to which children's rights, interests and safety are protected in all circumstances regardless of from where a threat may come and the ability of the Department of Children, Equality, Disability, Integration and Youth and Tusla to intervene on their behalf as was originally intended through legislation passed by this House.

Roderic O'Gorman (Dublin West, Green Party)
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I thank Deputy Durkan. As the Minister with responsibility for children, I am committed to upholding the best interests of the child in all situations. As the Deputy knows, Ireland held the presidency of the Council of Europe this year. One of the priorities chosen for the Irish Presidency was the theme of Hear our Voices and a particular focus on youth engagement. As part of this, I hosted a conference in October focusing on the rights and the determination of the best interests of the child in parental separation and in care proceedings.

Ireland is currently undertaking a number of major reforms that aim to improve the experience of children and families involved in family court proceedings. I am working closely with my colleague the Minister for Justice, Deputy McEntee, to ensure children's best interests are at the centre of her Department's proposed family court reforms.

I have also recently overseen the enactment of the Child Care (Amendment) Act 2022. In September I commenced section 4 of that Act which reflects the intent of Article 42A of the Constitution by confirming that, in any care proceedings under the Child Care Act, the court must regard the best interests of the child as the paramount consideration. The main purpose of the Child Care (Amendment) Act 2022 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.

Importantly, my Department is also reaching the end of a lengthy and in-depth review of the Child Care Act 1991. The Child Care Act, which is not childcare as we were just discussing, is legislation that looks to promote the welfare of children who do not receive adequate care and protection within the home. We have listened carefully to the concerns and suggestions of stakeholders, including children, and we have looked at international best practice. I hope very soon after our return from the Christmas break to bring the heads of a Bill to the Government to revise and update that Act. That is another opportunity for us to make sure that the best interests principle is ingrained in all elements of childcare proceedings in the country.

Bernard Durkan (Kildare North, Fine Gael)
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I thank the Minister who I know to be a caring and conscientious Minister, as I would expect. However, there are circumstances at the moment where the interests of children are not being protected. The Minister referred to the courts and the need for the influence of Tusla there. In some cases throughout the country, Tusla has been prevented from giving evidence or influencing anything that might happen and has been disallowed in the context of its right and obligation to protect the interests of children where children’s interests are anything but to the fore. More especially, Tusla is also prevented by virtue of an in camerarule from giving evidence or taking action to protect children. I have no doubt cases will come to public attention in future that will show this up to a greater extent.

Roderic O'Gorman (Dublin West, Green Party)
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I recognise Deputy Durkan's own interest in and commitment to this issue. We have discussed it before. There is a real opportunity now due to the work the Minister for Justice, Deputy McEntee, is doing on the family courts. There are two elements to that. There is the physical element whereby family law cases should not take place in the normal District Court alongside licence renewals and minor assaults. Family law cases should be heard in a separate place or at least at a separate time to take some of the stress away from parents, children and everyone involved. In regard to the policies that are taking place within the family courts, the Deputy is correct in saying that the in camerarule creates some element of a veil in regard to what happens in proceedings relevant to children. That is why the works of such groups as the family law reporting system led by Dr. Carol Coulter is so important in giving us an understanding on an anonymised basis of what is happening within the family courts.

Bernard Durkan (Kildare North, Fine Gael)
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The Minister's knowledge on the subject is obvious. I welcome the legislation being brought forward by the Minister, Deputy McEntee. It is not before time. The problem, however, is that there are a number of children and their parents who are already victims of the system, where mothers are prevented even from meeting with the children and are subject to the most appalling hardship and disregard in regard to the children's rights and entitlements and the mothers' own rights. They have important maternal rights. At this moment, these rights are being abused. I have seen evidence to the effect that Tusla cannot decide what it should do because it is prevented from following its own conscience and responsibilities by the in camerarule.

Roderic O'Gorman (Dublin West, Green Party)
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As Deputy Durkan knows, I cannot speak to the details of the specific cases and he is not asking me to do so.

We had that very useful conference in terms of the best interests of the child principle. In particular, that was very relevant because the conference was about using that principle in the types of cases the Deputy is talking about. Tusla, my Department and the Ombudsman for Children were present, and it was a very good opportunity to get a common understanding and a better understanding of the approaches that need to be taken to vindicate the best interests of the child. Hopefully, as the Minister, Deputy McEntee, brings in her reforms as to where these cases take place but also the processes around them, we can start to better weave in the best interests principle in all court cases going forward.