Written answers

Thursday, 19 January 2017

Department of Justice and Equality

Family Law Cases

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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44. To ask the Minister for Justice and Equality further to Parliamentary Question No. 47 of 30 November 2016, her views on the fact that psychotherapists are regularly used to compile reports under section 47 of the Family Law Act 1995 despite the fact that accreditation or licensing is not mandatory in order to practise as a psychotherapist here, meaning non-accredited persons are not obliged to abide by any professional code of conduct or standards; and if she will make a statement on the matter. [2232/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that neither the Courts Service nor the judiciary have any role in relation to the qualifications for psychotherapists in the context of them providing reports under Section 47 of the Family Law Act, 1995.

The qualifications of the expert are determined by the issues of concern in the families in question. There are no regulations that require experts to hold specific qualifications but the people engaged in this process are usually qualified and practising psychologists or psychiatrists, depending on the issues involved. The experts appointed under Section 47 are required to act in accordance with the standards and codes of conduct of their professional bodies.

It should be noted that the Minister for Health has proposed a designation of the professions of counsellor and psychotherapist under the Health and Social Care Professionals Act 2005 which will deal with their regulation and will ensure that those registered would have minimum qualifications and this is currently under consideration by the Department of Health.

In addition, as the Deputy may be aware, the Minister for Children and Youth Affairs is at present in the course of bringing forward a number of key reforms in relation to guardian ad litemservices.

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