Bernard Durkan (Kildare North, Fine Gael)
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12. To ask the Tánaiste and Minister for Justice and Equality the extent to which current reforms of the family law courts might entail protection for mothers in respect of section 47 reports-parental alienation issues; if it is expected to ensure that ample opportunity is given to ensure the protection of children in such circumstances and prevention of any action which might result in psychological harm and ongoing trauma; and if she will make a statement on the matter. [60531/22]

Bernard Durkan (Kildare North, Fine Gael)
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This question relates to a disgraceful and disgraced formula invented by a gentleman in the United States some years ago that is now used in the family law courts as a means of resolving and readjusting the minds of parents and children in the event of a divorce or separation.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I thank Deputy Durkan for raising this issue, which he feels strongly about. As he is aware, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

On 16 November, the Minister, Deputy McEntee, published the first national family justice strategy and secured Government approval for the Family Courts Bill 2022, which was published on 1 December.

These are the mechanisms by which it is intended to reform how our family justice system operates to make it more supportive and protective when there are vulnerable parties, particularly in cases where there is a history of domestic violence. It will also make it more efficient and user-friendly and significantly less adversarial. The aim is to develop a system that puts the family at the centre of its work and that protects vulnerable parties throughout proceedings.

To support the legislative changes proposed in the Family Courts Bill 2022, the Minister, Deputy McEntee, established a family justice oversight group to develop the first national strategy. The work of the group was informed by a wide-ranging consultation process which heard from the voices of those most impacted by their experience of the system.  The strategy has nine goals and more than 50 actions, with the aim of establishing a strong foundation for a future system which is more child and family-centred, which supports and protects, and which is more streamlined and user-friendly.

As the Deputy may be aware, under the Government’s new zero tolerance domestic sexual and gender-based violence strategy, the child is recognised as a victim or survivor of domestic violence in their own right for the first time.  This will be an important link across to the family justice strategy, the first goal of which is supporting children and which includes as a priority an action to examine the role of expert reports in the family law process and make recommendations regarding their future application and function. This action will consider the commissioning and availability of these reports.

Bernard Durkan (Kildare North, Fine Gael)
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I thank the Minister for that detailed reply. I also acknowledge the work of the Minister, Deputy McEntee, in this area as well. There is a problem, however, and it is urgent. I refer to what to do about the children and their mothers, or fathers, who have been before the courts in the context of some cases where gardaí were ordered by the courts to go into classrooms, take the children out and place them in the hands of the person from whom they were previously taken. It is, to say the least, a contradiction. It is dangerous. The unfortunate part is the use of section 47, which is drawn from Dr. Richard Gardner's proposals in the United States. These have been discredited. To my mind, they are disgraceful in the sense that children, and their mothers in particular, have been left crying in the court. In some cases, the mother was placed in a cell while the matter was being discussed.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The case the Deputy referred to is a difficult one. These are difficult situations. We wish to see the child being put at the centre of proceedings. It is important that the needs of the child are considered. Situations, such as those mentioned by the Deputy, where children are taken out of school do not sound like a good situation for any child to be placed in.

I have asked my officials to prioritise this action in respect of the family justice strategy, which is to support children and includes as a priority an action to examine the role of expert reports in the family law process and make recommendations regarding their future application and function. The action will consider the commissioning and the availability of these reports, including their contents and future use. I have asked my officials to prioritise this undertaking. The Deputy has raised this issue with me. As I said, this work will be led in early 2023 by the Department of Justice, working closely with the Department of Children, Equality, Disability, Integration and Youth. It is envisaged that the recommendations arising from the examination will enable the system to clearly hear the voice of children to ensure they are supported in their own right and that their safety, security and best interests are paramount and that they are not allowed to be used as pawns in what can be difficult and acrimonious situations.

Bernard Durkan (Kildare North, Fine Gael)
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The sad and tragic fact in these types of situations is that not only are the children treated as pawns, but they are also treated in the way that previous generations treated children in concentration camps. Their minds are taken to be reformed and reoriented in such a way that they will see a disadvantage as being an advantage, and vice versa. This leads to a situation of confusion, obviously, and terrible trauma insofar as the mothers are concerned. Some mothers have been forcibly separated from their children for up to three and four years to prove a point. In the case of vindictiveness, these kinds of things will happen. Worst of all, however, the section 47 reports are not being questioned. There is no allowance for cross-questioning of them. This must stop as a matter of urgency.

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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I thank the Deputy for raising this issue. This was the first topic I spoke on in the Dáil. I refer to the importance of having assessors trained in coercive control and other coercive behaviours regarding section 47 reports. I also said they should have the capacity to understand manipulation, where it exists. The Oireachtas Joint Committee on Justice has just considered these points and broader questions concerning enforcement of custody and access. I refer in particular to the insidious use of our State's court structure to further coercive or manipulating behaviour of another parent, of either gender, and the difficult nature of protecting children in these circumstances. Some steps in this regard have been taken, which are welcome, but these developments need to go much further in the new family law system to protect against the use of coercive and manipulative behaviours throughout the family court structure.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Minister, Deputy McEntee, announced the new family justice system that is being put in place. This new system will improve the situation. She consulted with several groups and is committed to dealing with this issue. The Department of Justice has also arranged for a separate strand of independent research into parental alienation to be carried out last year. I am pleased to say that a final report has been received by my Department and it is now being reviewed. It is expected that the research and the public consultation will create a deeper understanding of the issue and inform the Department's consideration of policy and law in this area. Work is ongoing to integrate these strands of work and I expect a report outlining the outcome of the research and the consultation process, and any resulting recommendations that arise from it, in due course. The Deputies, though, are correct. We must do something about this issue.