Written Answers. - Commission on Status of Children.
Robert Molloy
Question:
38
Mr. Molloy
asked the
Minister for Equality and Law Reform
in view of the recent revelations regarding a person (details supplied), if he will set up a Commission on the Status of Children; and if he will make a statement on the matter.
[1999/95]
The strategy of the Government in relation to child care in general is set out in A Government of Renewal under which the Government is committed to dealing with a range of matters affecting children.
The Government is committed to the rapid implementation of the provisions of the Child Care Act having regard to the resources, training and staff that will be required. A Cabinet sub-committee to co-ordinate the provision of services for the care, protection and nurturing of children is to be established. Already a Minister of State to specifically co-ordinate key areas has been appointed with special responsibility for all aspects relating to child care and childrens policy, particularly the implementation of the Child Care Act; with special responsibility for special education; and with special responsibility for the proposed Children Bill aimed at updating the law dealing with young offenders.
Other areas of the law affecting the welfare of children, including adoption, guardianship and child sexual abuse are also to be assessed under the Government's programme with a view to being updated. There are no proposals at present to establish a Commission as suggested by the Deputy but it is a matter which can be considered further in the context of the active review of policy on children which is being undertaken by the Government.
The Deputy will appreciate that the position regarding children under our laws as they stand is of special importance and that constitutional and statutory provisions and administrative policies reflect that. My Department's responsibilities concern the civil law aspects as distinct, say, from the criminal law aspects which are the responsibility of the Department of Justice and the child care and health aspects which are the responsibility of the Department of Health. As regards civil law aspects I should like to mention, for example, the Guardianship of Infants Act, 1964 which provides the very important principle that any court in deciding questions relating to children shall regard the welfare of the child as the first and paramount consideration. The civil law in relation to children has been updated and developed on a systematic basis in recent years and we have a body of law that is comparable with the best in other countries. Important provisions in relation to children have been provided for in the Family Law (Maintenance of Spouses and Children) Act, 1976, the Family Law (Protection of Spouses and Children) Act, 1981, the Status of Children Act, 1987, the Judicial Separation and Family Law Reform Act, 1989 and the Child Abduction and Enforcement of Court Orders Act, 1991.
In 1994 I initiated the Maintenance Act which enables the State to ratify a European Union and a United Nations Convention to assist the persons in the recovery of maintenance abroad.
The Family Law Bill 1994, which I also initiated and is at Report Stage before the House, has important provisions in relation to maintenance of children, it raises the age of marriage from 16 to 18 years and where family law proceedings in the courts are concerned it puts the reporting role of the health boards and welfare officers on a statutory footing. A Bill is also being prepared in my Department to strengthen the law on domestic violence.
The extensive provisions which already exist in our laws in relation to children are, as I have said, being reviewed and they will be updated as necessary under the Government's programme of renewal.
