Josepha Madigan (Dublin Rathdown, Fine Gael)
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834. To ask the Minister for Employment Affairs and Social Protection the reason the recommendation from the review group on child maintenance to establish a child maintenance agency was ultimately rejected; and if she will make a statement on the matter. [63195/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I was very pleased to publish the Report of the Child Maintenance Review Group in November, together with my colleague the Minister for Justice.

The Government established a Child Maintenance Review Group in 2020 to examine a number of issues regarding child maintenance in Ireland and to prepare a report for the Minister for Social Protection on:

(i) The current treatment within the Department of Social Protection of child maintenance payments,

(ii) The current provisions relating to the liable relatives regarding child maintenance, and

(iii) The establishment of a State Child Maintenance Agency.

The Government has accepted the Group's recommendations in relation to the social welfare system.  These recommendations involve very significant reforms which will be of great benefit to lone parents.

As a result, child maintenance payments will be disregarded in the means test for social welfare payments.  It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents at a cost of approximately €10 million per year.

The requirement for lone parents to make efforts to seek maintenance as part of their claim will be removed.  This requirement often involved the applicant having to go to Court and so it will remove an additional stress on lone parents and it will also help to reduce the burden on the Courts system.

In addition, the liable relative provisions will be discontinued.  This means that my Department will no longer seek to recoup a portion of claim costs from the non-resident parent.  I want to be very clear that removing these provisions does not replace or supersede the primary responsibility of parents to maintain their children.

There was no consensus among the Group members regarding the establishment of a Child Maintenance Agency.  The Group examined the international position and after significant research found that different countries operate different arrangements.  There is no one perfect solution.  Even amongst those members of the Group who favoured the establishment of an Agency there were differing views about its role and remit, as well as important Constitutional concerns.  Even where an agency were established, there would still be a significant role for the Courts in terms of the difficult issues of enforcement and arrears.

The Minister for Justice is planning significant reforms in the family justice area.  I am particularly pleased that the Family Justice Strategy includes a commitment to undertake a review of the enforcement of maintenance orders in the first half of 2023.  Proposals for reform will be made by the Department of Justice, if appropriate, including in relation to strengthening attachment orders and examining the feasibility of introducing guidelines on maintenance amounts.

I am satisfied that, taken together, the changes I am making in relation to the social welfare system and the reforms of the family law system being brought forward by the Minister for Justice represent a significant suite of reforms which will go a long way to addressing to concerns being raised.