Written answers

Tuesday, 25 October 2011

Department of Justice, Equality and Defence

Criminal Prosecutions

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 409: To ask the Minister for Justice and Equality if he will review a matter (details supplied) regarding false allegations. [31069/11]

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context

Question 421: To ask the Minister for Justice and Equality his views on correspondence regarding false allegations of child sexual abuse (details supplied); and if he will make a statement on the matter. [31220/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 409 and 421 together.

The wide range of matters raised by the Deputies have been noted in my Department, insofar as they are matters for which I have responsibility. As the Deputies are aware, family law proceedings in the courts are held in camera. The making of any false allegations of child sexual abuse would of course be a serious matter, and any person who has knowledge of such false allegations should bring them to the attention of An Garda Síochána.

Orders made under the Guardianship of Children Act 1964, as amended, concerning guardianship and custody of, and access to, children, are subject to section 3 of the Act which requires the courts to regard the welfare of the child as the first and paramount consideration. Any proposal requiring automatic changes in custody arrangements in specified circumstances would not respect this very important principle.

In respect of the provision of legal aid in the family law matters referred to, the Legal Aid Board is the statutory body providing civil legal aid in such matters. The Board has procedures in place, underpinned by legislation, which allow for the termination of a legal aid certificate where it is deemed warranted by a client's behaviour in the conduct of proceedings. The Board has informed me that it regularly represents both parents in the family law matters referred to and does not in any way discriminate between fathers and mothers in the granting of legal aid or in the conduct of cases. The Board completely rejects any notion that its solicitors would be in any way complicit in the making of any such false allegations, and I fully support the Board's stance in that respect.

Comments

Cathal Garvey
Posted on 13 Jan 2012 12:05 am (Report this comment)

Minister Shatter claims that "The Board completely rejects any notion that its solicitors would be in any way complicit in the making of any such false allegations, and I fully support the Board's stance in that respect".

Well, he would, wouldn't he?
He's not going to undermine an organisation his department finances when the truth will never surface due to the "In Camera" rule, that imposes secrecy on all family law matters.
Maybe one day the truth will be revealed (hopefully before the Childrens Rights referendum gives parental rights to the State!).

Log in or join to post a public comment.