Vol. 464 No. 8
4 Dr. Woods asked the Minister for Equality and Law Reform the progress, if any, he has made in devising and putting in place a programme of measures to support the family in view of his promise in Dáil Éireann to do so prior to the divorce referendum; and if he will make a statement on the matter. [8731/96]
I am happy to report further to the House on my programme of measures to protect and support the family and the institution of marriage.
The House will already be aware of the unprecedented programme of reform of family law and of administrative measures which were promoted in the run-up to the divorce referendum. Those measures included the Family Law Act, 1995, the Civil Legal Aid Act, 1995, the Domestic Violence Bill, 1995, special social welfare legislation and tax measures, the establishment of new law centres, the reduction in waiting lists in law centres as well as the development of counselling and mediation services with the assistance of Exchequer funding. I can report progress over recent months on several fronts.
The Maintenance Act, 1994 was, on the basis of an order made by me, brought into operation with effect from 25 November 1995. On that date the United Nations Convention on the Recovery Abroad of Maintenance Payments, which the 1994 Act enabled Ireland to ratify, entered into force between the State and 52 other contracting states. That convention provides for a central authority system under which a person in a contracting state seeking maintenance from a person in another contracting state can be assisted in taking an action in that state. Our central authority for the purpose of the convention has been established in my Department. The 1994 Act also enables the State to enter into special agreements with other states on reciprocal arrangements for the recovery of maintenance payments. Such arrangements will exist between the State and all the federal states in the USA with effect from yesterday, 1 May 1996 following an order made under the Act on 30 April 1996 by the Minister for Foreign Affairs.
The Family Law Act, 1995 will come into operation with effect from 1 August 1996 on the basis of an order made by me on 16 February 1996. That Act strengthens the law in relation to orders of the court in financial support of spouses and children following breakdown of a marriage; introduces a new type of order called a financial compensation order under which the court has power to assign a life insurance policy in favour of a spouse and dependent children: introduces a new type of order called a pension adjustment order under which the court in separation proceedings can assign an interest in an occupational pension to a spouse and dependent children; increases the age of dependency of children for the purpose of maintenance, at present 16 years or 21 years if school going, to 18 years and 23 years, respectively; gives power to the courts to order lump sum maintenance payments and secured maintenance payments in favour of a spouse and dependent children in any maintenance proceedings, not just judicial separation proceedings as heretofore; gives new power to the courts to make orders in support of spouses and children where a foreign decree of divorce or separation in respect of the marriage concerned is entitled to recognition in the State; enables the court in certain family law proceedings to order social reports from health boards or from probation and welfare officers in relation to children who are the subject of such proceedings; enables the court to provide that an attachment of earnings order may be made at the same time as an order for the payment of maintenance.
The Act also increases the age of marriage from 16 to 18 years and provides for three months of notice of marriage. The Minister for Health, whose Department has responsibilities in relation to the Office of the Registrar of Marriages, recently initiated a programme of information in relation to those new provisions.
The Domestic Violence Act, 1996 came into force on 27 March 1996. It strengthens the power of the courts to make orders for the protection of persons in the home whose safety or welfare requires it because of the conduct of another person in the home; extends that protection to cohabitants subject to certain conditions; and strengthens the powers of arrest of gardaí to intervene in domestic violence cases. The provision under the Act under which a health board may, in special circumstances, seek protection on a child's behalf becomes effective from 1 January 1997. An explanatory leaflet on the various remedies under this legislation has been made widely available to all interested groups and individuals. I can say at this early stage that experience of operation of the Act would already seem to indicate that the legislation has addressed in large measure the particular needs of victims of domestic violence.
On 25 January 1996, on my initiative, Ireland was among the first group of signatories of the Council of Europe Convention on the Exercise of Children's Rights. That convention complements the 1989 UN Convention on the Rights of the Child which has been ratified by Ireland. The expressed object of the Council of Europe convention is to promote the rights of children in family proceedings affecting them, to grant them procedural rights and to facilitate the exercise of these rights by ensuring that children are informed of them and allowed to participate in the proceedings. The convention is at present being examined with a view to its early ratification.
My Department is preparing proposals for submission to Government to improve, among other matters, aspects of the law on guardianship of children, the giving of evidence by children, and nullity. In the preparation of those proposals various recommendations of the Law Reform Commission are being taken into account.
Access to support services continues to be developed and improved. Four new civil legal aid centres were opened in 1995 and there is provision in Exchequer funding of the Legal Aid Board for 1996 for a further four law centres to be opened. Preparations for the establishment of those further centres by the Legal Aid Board are at an advanced stage. I should also like to mention that, following consultations between my Department and the board on the form of regulations for the purposes of the Civil Legal Aid Act, the regulations are in the course of being formally drafted.
These are the family law measures which have engaged or are engaging the attention of my Department, and, of course, other Departments have been or are engaged in matters which come within their own areas of responsibility. The Government's strategy in relation to the family continues to be one of strong active support and I think the House will agree that the matters I have outlined are very indicative of that approach.
This question is being taken in ordinary time and questions are open to other Members also.
The Minister in recent statements has said that the divorce Bill is ready for the Dáil so I take it that it is virtually, or in all practical terms, ready. Of course, it is awaiting the outcome of the present proceedings in the Supreme Court. However, in the course of the debate before the referendum on divorce the Government agreed to go further over a period in terms of protection for children. It agreed to have a plan for the future which would provide for additional measures, such as enhancing the status of marriage, greater emphasis on counselling, notwithstanding what has been done to date and noted by the Minister here today, helping families in need, providing time-out for parents, improved mediation services and a whole range of activities, including a commissioner for children — of which the Government might have its own version. There was general agreement here and the Taoiseach joined in agreeing in general terms the need for a five year action plan in conjunction with the putting of the referendum to the people.
According to recent reports from the Law Reform Commission, the family law system is now not just regarded as being in crisis — the crisis is now chronic. It needs urgent attention. The Minister did not mention it when he referred to his list, although it is possibly among the matters he would regard as being under another Department.
These measures require attention. They require a plan in conjunction with the new legislation. It is that further plan and those further developments on which I would like to hear the Minister. I want a commitment that those developments will be treated with the same level of urgency as is evident in relation to the Bill.
I can confirm that the divorce Bill is virtually ready and is awaiting the outcome of the proceedings before the Supreme Court. I thank Deputy Woods for the excellent document which he and the Fianna Fáil Party prepared on this question in September.
He must agree that many of the matters recommended and suggested by him in his report have been, and continue to be, implemented. I would refer to the huge increase in counselling moneys which the Government has provided, and which were also provided by the Government of which both he and I were members. This funding has changed the counselling services and put them on a different basis, enabling them to expand their services.
The question of counselling for children is a matter which I continue to raise on an ongoing basis with the counselling agencies. More and more of these agencies are becoming aware of the need to have more specialised counselling provided for children. Some agencies are already responding to that and it is good to see it. The Government is doing its job in this regard. As a result of increased Government funding, hugely increased and more proficient services are being provided all around the country. It is good to be able to report that to the House and I am sure Members appreciate it.
The mediation service is being expanded substantially. The Government's new centre in Limerick will be opened formally later this month. Advertisements for additional staff are being published at present. I will be dealing at greater length with that service in reply to another question.
With regard to law centres and the availability of advice to families in difficulty, I have referred on many occasions to the huge sea change which has taken place in that service since the Department of Equality and Law Reform took over responsibility for it. It is a changed service. The morale is high in a way in which it has never been before.
I have the greatest admiration for the people, who are of the highest calibre, working in the offices established in the new areas. A good deal of legislation has been introduced, including the Family Law Act, the Domestic Violence Act and the Civil Legal Aid Act. A children's Bill dealing with a number of matters is being prepared in the Department. Any unbiased commentator would agree a great deal of effort on the monetary, administrative and legislative sides has been made by the Government. I concede that many of the projects were initiated by the previous Government. I appreciate the resources made available to my Department at that time which continue to be provided. This is an ongoing process and it will continue with the support of the House.
I appreciate that, as the Minister said, more resources have been made available for mediation and counselling services. The Minister specifically mentioned counselling for children. Will he indicate if there is a degree of co-ordination with the psychological service in the Department of Education in this regard? If there is such co-ordination, it should be explored. Will the Minister agree that early intervention in terms of a psychological service in schools is often helpful? Will he indicate if there is co-ordination with the counselling services, to which he referred, in cases of family difficulties? Has that been explored and, if so, to what degree?
I do not have specific information to hand as to what degree of consultation may take place between the counselling institutions and the Department of Education. I am sure the Department of Education would have information on that, but I imagine that at a professional level there must be some interplay between them. I have emphasised to the counselling agencies, which receive substantial amounts of Government funding through my Department to provide such essential and important services, the need to expand specific child-orientated counselling and they are responding. One of the agencies has set up a separate entity for it, Teen Between, and it has advertised that quite extensively. Many of the other grant-aided marriage counselling agencies have also been active in this regard. We have ongoing discussions with the agencies and the increased funding made available to them enables them to pay more particular attention to that matter and to provide training for their counsellors. It is important that should be done. It is a skilled occupation and not everybody is suited to it. ACCORD, the biggest such counselling organisation, with which the Department has a strong and fruitful relationship, is careful in terms of the people it recruits as counsellors. I am happy with its work, the rate of progress and that it puts the money it receives from my Department to good use.
It is our objective to support the Minister and strengthen his hand in obtaining the necessary resources having regard to the new legislation. The Minister did not reply to the question about the chronic crisis in the family law area. The crisis will become much worse when the provisions of the legislation in question are implemented. As the Minister said, the series of new Acts is valuable, but the resulting increase in the number of cases has increased the pressure on family courts. Once the provisions of the new legislation are implemented the pressure will further increase. Advance planning is required to expedite cases in the family law courts. I accept this is not the Minister's direct responsibility, but I ask him to request his Cabinet colleagues to address this matter in advance of the enactment of that legislation.
As Deputy Woods said, the provision of family courts and court organisation in general is the responsibility of another Minister, the Minister for Justice. I am sure the next day she takes questions, the Deputy will discuss this matter with her and she will be happy to explain to him the Government's programme in this area. I am aware she is intensively examining the recent report of the Law Reform Commission, will take note of what it says and make plans accordingly. The House will be aware that as an interim measure the Government announced the appointment of an appreciable number of new judges to the District and Circuit Courts as well as other courts, but the District and Circuit Courts deal primarily with family law matters. The provision of those new judges will go a long way towards bringing the backlog under control and I look forward to that being done with all possible speed.
