Written answers

Tuesday, 24 November 2020

Department of Justice and Equality

Child Abuse

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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719. To ask the Tánaiste and Minister for Justice and Equality the policies and training Tusla or other State agencies have in identifying, intervening and supporting children who are being coercively controlled and unjustly alienated from another parent and their extended families; her views on whether this is physiological and manipulation abuse of a child; her views on whether urgent updated domestic abuse laws are required; and if she will make a statement on the matter. [38093/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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At the outset it is important to note that the Child and Family Agency, Tusla, is under the aegis of my colleague Roderic O’Gorman TD Minister for Children, Equality, Disability, Integration and Youth and who may be better placed to deal with the specific policies and training queried.

Having said that and 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 also 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.

However, I am very much aware that parental alienation is a complex issue and that further analysis may be desirable. 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 issue of parental alienation, particularly in the context of relationship breakdown, is a complex one which requires careful review. The Programme for Government contains a commitment to enact a Family Court Bill. In the preparation of the General Scheme of that Bill, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System. My department has recently established the Family Justice Oversight Group which will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill. As part of its work, the oversight group will consider the various recommendations, including the recommendation on parent alienation, contained in the Report of the Joint Committee.

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