Bernard Durkan (Kildare North, Fine Gael)
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224. To ask the Tánaiste and Minister for Justice and Equality the extent to which she remains satisfied that children’s rights are at present adequately protected in the course of family law proceedings; and if she will make a statement on the matter. [20124/24]

Helen McEntee (Meath East, Fine Gael)
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The Deputy will be aware that Article 42A.4 of the Constitution requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.

The Article requires that provision be made by law for securing, as far as practicable, that in all such proceedings in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question.

Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child’s wishes in such proceedings, having regard to the age and understanding of the child.

Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child in such proceedings. The courts shall have regard to all of these factors or circumstances that it regards as being relevant to the child concerned and his or her family and make its decision accordingly.

Section 32(1) of the 1964 Act provides that in any such proceedings, the court may do either or both of the following:

(a) give directions for the purpose of procuring a written report from an expert on any question affecting the welfare of the child; or

(b) appoint an expert to determine and convey the child’s views.

Section 47 of the Family Law Act 1995 provides that the Circuit Court or High Court may order a report in writing on any question affecting the welfare of a party to family law proceedings or any other person to whom they relate.

Additionally, my Department is leading an programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.

I set out an ambitious vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.

The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025 and progress updates published annually.

As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.

Various actions in the Strategy have already been completed.

For example, my Department published its policy paper on parental alienation in May 2023, setting out a series of recommendations to address this complex and challenging matter.

The Review of the Enforcement of Child Maintenance Orders was published on 7 January 2024. The review examined how the current enforcement process works, the challenges associated with it and areas which may require reform. Stemming from this, the review contains 26 recommendations on how the current system can be improved. Work is underway to implement those recommendations without delay.

In March 2023, the Courts Service launched its Family Law Information Hub and 360 tour.

The Legal Aid Board has established its panel of private mediators to enhance the rollout of family mediation services across the country.

In addition, the Department has commenced a review to examine the role of expert reports including section 47 and section 32 reports – in private family law proceedings, their commissioning, availability, content and use. I expect to bring the recommendations arising from this Review to Cabinet in the coming weeks, after which I will publish the Review.

A further key component of the Strategy is the enactment of a Family Courts Bill which provides for the establishment of family court divisions within the existing court structures.

Once enacted there will be a Family High Court, a Family Circuit Court and a Family District Court, each dealing with family law matters as appropriate to its jurisdiction.

Each of these Family Court divisions will have judges assigned to them on a full-time basis. The Bill includes a set of guiding principles for the family court system to make the best interests of the child a primary consideration in all family law proceedings, to operate in an efficient and user-friendly manner and to encourage active case management by the courts.

The Deputy will be aware that the Bill is progressing through the Houses of the Oireachtas and it is my aim that it will be enacted as soon as possible.