Róisín Shortall (Dublin North West, Independent)
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158. To ask the Minister for Justice and Equality if the proposed children and family relationships Bill 2014 will have retrospective application where there has been family breakdown; and if he will make a statement on the matter. [8518/14]

Alan Shatter (Dublin South, Fine Gael)
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The provisions of the General Scheme of the Children and Family Relationships Bill are proposed, except where otherwise expressly provided, to have prospective effect only. The exceptions to this are contained in the Heads relating to assisted reproduction and surrogacy. I propose to give retrospective effect to provisions allowing the establishment of legal parentage by the couple jointly raising a child, subject to the outcome of the consultation by the Joint Oireachtas Committee on Justice, Defence and Equality and to further detailed legal advices. Thus, for example, where a child is born to a couple using donor gametes, the couple would be able jointly to establish parentage of the child retrospectively, subject to the conditions set out in the Bill. This is to secure the child's rights in relation to the family in which he or she is being raised and to provide protection for all parties concerned.

It is difficult to see how the new obligations which the General Scheme proposes to establish (such as in relation to maintenance) could be made retrospective fairly. Likewise, it might not be appropriate to give retrospective effect to proposed changes to who is automatically considered a guardian, as this could give rise to substantial legal uncertainty.

The consultation process commenced by the Joint Oireachtas Committee will afford an opportunity to civil society and interested parties to make known their views and concerns on the General Scheme, including in relation to the question of retrospection.