I propose to take Questions Nos. 5 and 31 together.
In the course of my reply to questions on several occasions I set out the context in which the present law on guardianship of, custody of and access to children operates. I indicated that the court must, in proceedings under the Guardianship of Infants Act, 1964, regard the welfare of the child as the first and paramount consideration. That important criterion, which is common to many other jurisdictions, is a matter which the court must have regard to in all the circumstances of the case. I indicated also that in areas of disputes relating to children, the best approach for all concerned, parents and children, may be for the parents to attempt to agree on the arrangements for their children without court intervention but that, in the absence of agreement, the court will inevitably have to make hard and difficult decisions which may include the granting of custody to one parent and access to the other.
I mentioned I would review the law on guardianship in the context of preparation of the Children Bill in my Department. That Bill is now before the House. It provides for a new emphasis on counselling and mediation as alternatives to court proceedings concerning children. It encourages couples who are in dispute to think in terms of agreeing such matters as custody of, and access to, children without the need for court intervention. It also clarifies the law in relation to joint custody and provides that, in appropriate cases, custody of a child may be granted by the court to a father and mother jointly.
There is a range of other reforms in the Bill. Under the law as it stands, a father not married to the mother of his child cannot be the guardian of his child without a court order. I have made provision in the Bill for such fathers to be appointed guardian of the child by agreement with the mother without the need to go to court as at present. The Bill allows relatives, such as grandparents, to apply, subject to conditions, to the courts for access; it extends to the District Court power to order social reports in guardianship, custody and access proceedings generally; and it contains provisions relating to giving evidence by children in certain civil proceedings. The Bill also specifies a system of guardianship ad litem with legal representation, subject to certain strict conditions.
I look forward to debate on the important social provisions in the Bill which address the sensitivity of the family law process. They also address, as far as possible, the issue of gender balance, taking into account the need to have regard to the principle of the best interests of the children.