Holly Cairns
Question:466. Deputy Holly Cairns asked the Minister for Justice to engage with a group (details supplied) regarding its concerns on parental alienation. [29844/23]
View answerTuesday, 20 June 2023
Questions (466)
Written answers
As the Deputy is aware, last year, my Department committed to undertake both a public consultation and independent research on the topic of parental alienation as part of the Justice Plan 2022. The findings of both these strands were analysed and arising from this, my officials developed a policy paper on how to address the issue.
Minister Harris brought both the finalised policy paper and the research report to Government on the 23 May, which noted his intention to publish both reports. Both the research report and the policy paper have now been published on the Department’s website, a link to which can be found here: www.gov.ie/en/publication/20df3-parental-alienation-research-report-and-policy-paper/.
In advance of publication, officials from the Department of Justice provided interested Oireachtas members with a briefing on the topic, as well as a briefing to representatives of NGOs and other stakeholders, which included the organisation referred to by the Deputy. The organisation's submission to the public consultation was also considered alongside others received.
Both the paper and the report recognised that parental alienation is a highly contested and divisive concept. Due to a lack of any systematic court data on family law matters at Circuit and District Court levels we have little concrete information on the exact extent of accusations of parental alienation within the Irish Courts. However, the research report found that, similar to other courts internationally, they appear to be encountering 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 parental alienation lie in improvements to the Irish family courts and family justice system. My Department are currently leading on an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises amongst other things the need to ensure they are listened to and heard and their views given due regard (in line with constitutional obligations and rights).
Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation. They centre on progressing elements of family justice reform, building the system’s capacity to adequately hear the voice of children, and improve the knowledge, skills and experience of all those involved in order to make the best determinations in relation to each case on its own merits. This is especially important in high-conflict cases, in which allegations of parental alienation can often arise.
Implementation of the strategy is being led by the Family Justice Implementation Group which includes representatives of key stakeholders including the Courts Service, the Department of Children, Equality, Disability, Integration and Youth, the Legal Aid Board, the Judiciary, and the County Registrars Association.
The Family Justice Development Forum at which all interested stakeholders, including NGOs, are represented, provides an opportunity for them to directly engage with the implementation process and key issues arising in the area of family justice.