James Browne (Wexford, Fianna Fail)
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199. To ask the Tánaiste and Minister for Justice and Equality his plans to give access rights to natural grandparents in circumstances in which the mother or father of the children is deceased; and if he will make a statement on the matter. [47685/17]

Charles Flanagan (Laois, Fine Gael)
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The Children and Family Relationships Act 2015 is a child–centred Act which addresses the rights of children to legal security, to the care of their parents and important adults in their lives, and to equality before the law. These reforms in family law recognise the crucial role of parents and other relatives, including grandparents, in a child's life. The Children and Family Relationships Act 2015 extensively amended the Guardianship of Infants Act 1964 in relation to guardianship, custody and access.

Section 11B of the Guardianship of Infants Act 1964 (as amended by section 55 of the Children and Family Relationships Act 2015) allows relatives of a child, such as grandparents, to apply to court to have access to a child on such terms and conditions as the court may order. The court is required to have regard to all of the circumstances, including in particular:

(a) the applicant's connection with the child,

(b) the risks, if any, of the application disrupting the child's life to the extent that the child would be harmed by it,

(c) the wishes of the child's guardians,

(d) the views of the child, and

(e) whether it is necessary to make an order to facilitate the access of the persons to the child.

Section 11E of the Guardianship of Infants Act 1964 (as inserted by section 57 of the Children and Family Relationships Act 2015) provides that a grandparent or other relative may apply to court for custody of a child where he or she is an adult who has undertaken the child’s day-to-day care for more than 12 months and the child has no other parent or guardian willing or able to act as guardian.

Section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, inserted by section 63 of the Children and Family Relationships Act 2015.

I have no role in the making of court orders, as this is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.

While I have no plans at present for further amendment of the Guardianship of Infants Act 1964, the operation of the law in this area is kept under ongoing review by my Department.