Written answers

Tuesday, 5 July 2022

Department of Justice and Equality

Guardian Status

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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542. To ask the Tánaiste and Minister for Justice and Equality when the report following the review by NUI Galway on the guardianship laws in Ireland will be available; the steps that have been taken to ensure that the necessary adjustments are made in the compilation and the delivery of such critical areas of policy to ensure that these are acted upon in a timely manner when required in the future (details supplied); and if she will make a statement on the matter. [36086/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Delivering family justice more effectively is a priority for me and is a major element of my Justice Plan 2022.

My Department has engaged academic experts to conduct research for the purpose of a review by my Department of the operation of the provisions of the Guardianship of Infants Act 1964 relating to guardianship of children whose parents are not married or in a civil partnership.

The researchers, from NUI Galway and Maynooth University, were appointed following publication of a request for tender by my Department in May 2021.

The main aims of the research are to:

- Provide an analysis of the impact – intended and actual - of the provisions of the Guardianship of Infants Act 1964 as amended by the Children and Family Relationships Act 2015 as they relate to parents who are not married or in a civil partnership.

- Give a brief overview of the principle of guardianship in a legal and policy orientated context.

- Identify and outline the various approaches and responses being taken in other jurisdictions to deal with the issue of guardianship in the case of unmarried parents (legislative and otherwise).

- Describe, outline and evaluate any studies which have examined the effectiveness of these various international approaches.

- Assess the relevance of these studies to the Irish context.

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

- Identify any gaps on a policy and/or legislative level in Ireland that need to be addressed.

The preparation of the research report is at an advanced stage. The draft report has been reviewed by research officials in my Department and is currently being finalised. The research report, when completed, will be considered by my Department in the context of the work on the review, which I expect will be completed and published later this year.

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