Noel Grealish (Galway West, Independent)
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289. To ask the Tánaiste and Minister for Justice and Equality if he will consider interim changes to the Guardianship of Infants Act 1964, whereby it will allow psychotherapists to provide reports if that psychotherapist is already working with the courts under section 32(1)a, and if they are designated professionals who have practised or provided a service specifically for children or adolescents for a period of not less than five years with the ten years immediately preceding their appointment, and provided they meet all other criteria (details supplied); and if he will make a statement on the matter. [20449/23]

Noel Grealish (Galway West, Independent)
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296. To ask the Tánaiste and Minister for Justice and Equality given that the Guardianship of Infants Act 1964, section 32(1)(a), allows psychotherapists to provide reports on the welfare aspect, but not section 32(1)(b) voice of the child reports, and given that it may take years for CORU to establish a register of psychotherapists, if he will consider interim changes to the Act to allow psychotherapists to provide reports if that psychotherapist is already working with the courts under section 32(1)(a), if they are designated professionals who have practised or provided a service specifically for children or adolescents for a period of not less than five years with the ten years immediately preceding their appointment, and provided they meet all other criteria; and if he will make a statement on the matter. [20604/23]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 289 and 296 together.

As indicated in my response to PQ No. 13251 of 21 March 2023, the Guardianship of Infants Act 1964 (Child's Views Expert) Regulations 2018 (S.I. No. 587 of 2018) specify the necessary qualifications and experience of child’s views experts appointed under section 32(1)(b) of the Guardianship of Infants Act 1964 in private family law proceedings. The Regulations provide that the following may be appointed to perform the functions of child’s views expert: a psychiatrist, a psychologist, a social care worker, a social worker or a teacher. The Regulations specify that the designated professionals must be registered with a relevant regulatory body such as the Medical Council, the Teaching Council or the Health and Social Care Professionals Council (CORU). The Regulations provide that all designated professionals must have practised or provided a service specifically for children or adolescents and provided that service for a period of not less than 5 years within the 10 years immediately preceding their appointment.

Registration of health and social care professionals is a matter for CORU, the body charged with regulating the health and social care professions, under the Health and Social Care Professionals Act 2005. Responsibility for this legislation and its associated agencies falls under the remit of the Department of Health.

On 16th November, Minister McEntee published the first Family Justice Strategy which sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children, assist their parents in making decisions that affect all of the family, one that makes it easier for vulnerable parents and families to get support and make informed decisions.

Among the actions in the Family Justice Strategy, under the Goal of Supporting Children, is an examination of the role of expert reports including section 47 and 32 reports - in the family law process, the commissioning and availability of these reports, their content and use, and the registration and other requirements of the various professionals proving these services. This review is progressing with a set of recommendations to be produced by the end of this year. Later in the year, a Working Group will be established to review the effectiveness of the current arrangements for hearing the voice of the child in private family law cases.

I do not propose to amend the 1964 Act or the 2018 Regulations at this time in advance of the completion of these reviews.