Dáil Éireann Debate, Tuesday - 1 December 2020
594. Deputy Imelda Munster asked the Minister for Justice the action she is planning to take with regard to the introduction of laws on parental alienation; if the recommendations of the Oireachtas Joint Committee on Justice and Equality report on family law will be fully implemented; and if she will make a statement on the matter. [39882/20]
View answerThe Oireachtas Joint Committee on Justice and Equality published its report on Reform of the Family Law System last year. This report contains many recommendations on a broad range of issues in the area of family law, including one that consideration be given as to whether our laws should be amended to take into account of situations where one parent is wrongfully influencing their child or children against the other parent.
The Deputy will be aware that while there is no specific legislative provision regarding parental alienation in Irish family law, Section 246 of the Children Act 2001 does provide for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or well-being. There are also legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues. However, I am very much aware that this is a complex issue and that further research may be desirable.
The Family Justice Oversight Group, which has been established by my department, will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill. As part of this work, the oversight group will consider the various recommendations contained in the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System.
The Family Court Bill, the enactment of which is a commitment in the Programme for Government, will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system. In the preparation of the General Scheme of the Family Court Bill, account has been taken of the Report of the Joint Committee.
