Bernard Durkan (Kildare North, Fine Gael)
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392. To ask the Tánaiste and Minister for Justice and Equality if she is aware that a senior social worker with Tusla has expressed concern that children in some family law cases are being subjected to immersion therapy, with resultant damage and abuse to children, having particular regard to recently announced proposals by her in family law; and if she will make a statement on the matter. [29051/24]

Bernard Durkan (Kildare North, Fine Gael)
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393. To ask the Tánaiste and Minister for Justice and Equality if her Department has considered the concept of immersion therapy in the context of any research it has undertaken in respect of parental alienation; and if she will make a statement on the matter. [29052/24]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 392 and 393 together.

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

The Strategy sets out a 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.

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.

My Department committed to undertake both a public consultation and independent research on the topic of parental alienation. The findings of both were analysed, and arising from this, my Department developed a policy paper on how to address the issue.

Both the paper and the research report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appear to be increasing claims of parental alienation in family law proceedings. It appears to arise particularly in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.

Despite the highly contested nature of the concept, there was consensus in the public consultation that the means to address these concerns, including concerns of the type referred to by the Deputy, lie in improvements to the Irish family courts and family justice system.

Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation, which are also linked to actions within the Family Justice Strategy. One of the recommendations in the paper is to conduct a review of expert reports in the family law process.

On 13 June 2024 I published a wide-ranging review of the role of expert reports in the family law process. This comprehensive review undertaken by my Department sets out 20 recommendations for reform. When implemented, these actions will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.

These changes are just one piece – but an important piece – of a reformed family justice system. When implemented, these recommendations will improve the quality of expert reports in family law proceedings and will standardise practises relating to how they are commissioned and by whom. . Reports support the judiciary in their decision making and help to ensure that children are at the centre of the decisions they make.

Following on from the review of role of expert reports, my Department will establish a Voice of the Child Working Group to ensure children’s constitutional rights to be heard in family law proceedings continue to be upheld. In addition to examining other ways in which the voice of children may be heard in family law proceedings, the Group will also develop a Voice of the Child Report Template and work on establishing the Children’s Court Advocate Pilot Project – key recommendations in the Review

The recommendations in the Review are ambitious and seek to address all of the issues raised. Their implementation will ensure that our constitutional obligation to hear children’s views and that their best interests be the paramount consideration are truly fulfilled. They will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.

Finally, it has been widely acknowledged in all of the consultation and engagement on these issues that training for all who work in the family justice system is a key enable of improrved services and outcomes for families and children. To that end my Department is also establishing a working group to analyse the training needs of those working across the family justice system and to develop effective and relevant training programmes. Nominees for membership of the group have been sought and the first meeting is expected to take place in the coming weeks.