Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context

Question 386: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the steps he will take regarding the enforcement of Court orders relating to a father's access to his children against mothers who constantly breach such orders without repercussions. [2197/07]

Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context

Question 389: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he will impose the right of a child to have access to both parents as stated in the Hague Convention and various UN regulations. [2200/07]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 386 and 389 together.

Under section 11 of the Guardianship of Infants Act 1964, the father of a child may apply to the court for an order giving directions on any question affecting the welfare of the child, including access to the child. In making such orders the court has to regard the welfare of the child as the first and paramount consideration. Where appropriate and practicable, the Court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 11, the court, further to section 11D (as inserted in the Act of 1964 by the Children Act 1997) must have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis. This provision gives effect to a provision in the United Nations Convention on the Rights of the Child.

The Act of 1964 (again by way of amendments in the Children Act 1997) encourages parties to a dispute in relation to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The Court may adjourn any proceedings to assist agreement between the parties. These legislative provisions are extensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests.

As Minister for Justice, Equality and Law Reform, I have no role in the enforcement of court orders. This is the function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.

Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context

Question 388: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he envisages equal treatment by the State Departments for fathers to be treated as equals within a family thereby removing gender bias. [2199/07]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The Equal Status Acts 2000 to 2004 specify nine grounds on which direct and indirect discrimination in the provision of goods and services is prohibited. The specified grounds include gender, marital status and family status and are defined as follows the "gender ground" — that one is male and the other is female; the "marital status ground" — that they are of different marital status; the "family status ground" — that one has family status and the other does not or that one has a different family status from the other.

The Acts outlaw discrimination in the access to and provision of all goods and services which are generally available to the public, irrespective of whether they are provided by the State or by the private sector and whether on payment or not. The Equal Status Act permits differences in treatment on any of the nine specified grounds where required by or under any enactment or order of a court. The Acts also permit differences in treatment on the nine specified grounds in certain limited circumstances. The Equal Status Acts provide a mechanism under which a person who feels he or she has been illegally discriminated against may have his or her complaint investigated and seek redress. Two independent bodies, the Equality Authority and the Equality Tribunal, have been given statutory roles under equality legislation.

The Equality Authority has a broad mandate under the Equal Status Acts to combat discrimination and promote equality of opportunity in the areas covered by the Acts. It also has a role in providing information and advice to any person who feels that he or she has been discriminated against on any of the grounds covered in the equality legislation, whether in an employment or non-employment area. A person who claims that he or she has been discriminated against in the non-employment area may seek redress by referring their case directly to the Equality Tribunal. If the Director finds that there was discrimination, she may make an order for compensation for the effects of the discrimination and/or order a specified course of action to be taken.