Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

590. To ask the Tánaiste and Minister for Justice and Equality if she will address a matter raised in correspondence (details supplied) regarding parental alienation; and if she will make a statement on the matter. [7804/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To better inform further discussion on parental alienation, my Department arranged for research to be carried out. Following a competitive tender process in May, research commenced on this important work in June. The aims of the research include to:

- Identify the various definitions and characteristics of parental alienation being used internationally.

- Investigate what is known about the prevalence of this issue (in Ireland or internationally) through examination of the literature.

- Identify and outline the various approaches and responses being taken in other jurisdictions to deal with the issue of parental alienation (legislative and otherwise).

- Describe, outline and evaluate any studies which have examined the effectiveness of these various international approaches and assess the relevance of these studies to the Irish context.

I am pleased to say that a draft report was received by my Department at the end of November and is now being reviewed. It is also my intention to commence a public consultation on the topic in the coming weeks. Both the research and consultation will, I expect, create a deeper understanding of the issue, and inform my Department’s consideration of policy and law in this area. The best interests of the child will of course be paramount in any considerations.

I recognise that going through the breakdown of a relationship can be a difficult and traumatic time for children and parents and that reform of the current family justice system is needed to better support families through such times.

The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes in specialised centres.

In September 2020, Government approved the drafting of a Family Court Bill along the lines of the General Scheme, which has been published. This has been referred to the Office of the Parliamentary Counsel for drafting. Work is ongoing on the drafting of the Bill, with a view to its publication as soon as possible this year.

My Department is in the process of finalising a Family Justice Strategy, which will set out 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.

To develop the new strategy, a Family Justice Oversight Group was established by my Department. To assist its work, this Group has engaged in a phased consultation process where relevant stakeholders, the public, children and young people who engage with the family justice system gave their views on how a modernised family justice system should look.

One of the areas being considered by the Group is additional training for those working within the family justice system that would benefit all those who engage with the system. It is intended that the Family Court Bill will provide that specialist knowledge and ongoing professional training in the area of family law would be required to be appointed as a Family Court judge. A number of other issues are being considered for inclusion in the emergent Family Justice Strategy, including the availability of and access to support services; the potential use of less adversarial approaches to the resolution of disputes, where possible and appropriate; information dissemination and awareness raising; and oversight of the implementation of any proposed reforms. An action to publish the new family justice strategy will be included in my Justice Plan 2022.

As the Deputy will be aware, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any court case is a matter for the presiding judge. For that reason, it would be inappropriate for me to comment on any specific family law case that has come before the courts.