Dáil Éireann Debate, Tuesday - 18 April 2023
1218. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he might make further comment on the subject matter of the issue raised by this Deputy by way of topical issue on 30 March 2023; and if he will make a statement on the matter. [18315/23]
View answerTusla, the Child and Family Agency, is the State agency responsible for supporting and promoting the welfare and protection of children.
The Child and Family Agency Act 2013 states that Tusla is independent in the performance of its functions and requires the Agency to consider the best interests of the child in all matters.
The Children First Act provides for a number of key child protection measures, including raising awareness of child abuse and neglect and providing for reporting and management of child protection concerns. The obligations in the Act are intended to ensure that children at risk of harm are brought to Tusla’s attention as quickly as possible.
Under the Child Care Act of 1991, Tusla is the State Agency with responsibility to promote the welfare of children who are not receiving adequate care and protection. This Act makes provisions for the State, as a last resort, to intervene in the place of a child’s parents, in line with Article 42A.2.1 of the Constitution. Under this act Tusla may also apply for court orders where there is a child safety concern. These orders can grant Courts decision-making powers regarding care arrangements and access to the child for parents or other relatives. In such cases, the Court has the power to direct Tusla, with regard to the best interests of the child as the paramount consideration.
Section 26 of the Child Care Act 1991 provides for the appointment, by the Courts, of a guardian ad litem (GAL) in respect of child care proceedings. The Courts are, with the exceptions of the Constitution and the law, independent in the exercise of their statutory functions and the conduct of any family law case is a matter for the presiding judge.
The Programme for Government contains a commitment to enact a Family Court Bill. The Family Court Bill will be a key element in 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. My colleague the Minister for Justice received Government approval in November 2022 to publish the Family Court Bill and the first National Family Justice Strategy, marking a significant step towards reform of the family justice system.
My Department is represented on the Family Justice Oversight Group, led by the Department of Justice, and is closely involved in the planned reforms, particularly as they relate to child care proceedings, and in ensuring that children’s best interests are central to this process.
As Minister with responsibility for Children, I am committed to upholding the best interests of Children in all situations.
Ireland held the presidency of the Council of Europe in 2022. One of the priorities chosen for the Irish Presidency was “Hear our Voices”, which had a particular focus on youth engagement. As part of this, I was delighted to host a conference in October 2022 focusing on The Rights and Determination of the Best Interests of the Child in Parental Separation and in Care Proceedings.
The main purpose of the Child Care (Amendment) Act 2022 is to extend and regulate the guardian ad litem system for children involved in child care proceedings. The provisions of this Act are intended to enhance the rights of children and the capacity of the courts to make the right decisions in helping children and their families.
This Bill provides for reform of guardian ad litem arrangements in child care proceedings, addressing significant shortcomings in the current system, and providing a presumption in favour of appointment of a guardian ad litem in all child care proceedings. However, private family law is not covered by this legislation.
Legislation related to private family law is under the remit of the Department of Justice. Section 32 of the Guardianship of Infants Act 1964 (as inserted by section 63 of the Children and Family Relationships Act 2015) provides that a court may appoint an expert to determine and convey the child’s views (known as a 'voice of the child report').
Any person who knows or suspects that a child is at risk of harm should report this to Tusla without delay and to An Garda Síochána if there is suspicion that a crime has been committed.
