Written answers

Thursday, 22 October 2020

Department of Justice and Equality

Child Protection

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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19. To ask the Tánaiste and Minister for Justice and Equality if she will address the issue of parent alienation; if her attention has been drawn to the issue; her plans to address same; and if she will make a statement on the matter. [31083/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, there is no specific legislative provision regarding parental alienation in Irish family law.  Section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or wellbeing. There are legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues.  I am, however, very much aware that parental alienation is a very complex issue and both I and Minister McEntee are keen to examine it further.  

The Oireachtas Joint Committee on Justice and Equality published a report last year on Reform of the Family Law System which includes parental alienation among a broad range of issues in the area of family law.

The Deputy will be aware that a Family Justice Oversight Group has recently been established in the Department which, in addition to my officials, also includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth.  The Group has been tasked with developing a family justice system, parallel to the establishment of a dedicated Family Court structure, having regard to international best practice.  All of the various recommendations contained in the Joint Oireachtas Committee’s report, including the recommendation on parent alienation, will be included in the work of that group.  

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