Written Answers - Children and Family Policy.
Róisín Shortall
Ceist:
327
Ms Shortall
asked the
Minister for Justice, Equality and Law Reform
the areas of responsibility, if any, his Department has with regard to the Government's policy on children; the areas of responsibility, if any, his Department has with regard to the Government's policy on the family; and if he will make a statement on the matter.
[2745/99]
My Department's responsibilities with regard to the Government's policy on children and on the family are both legislative and administrative.
The range of legislative responsibilities in the civil law area with regard to children and the family includes guardianship and custody of children; maintenance; matrimonial property; separation and divorce; nullity of marriage; succession rights, parental leave, adoptive leave, maternity protection, employment equality and protection against domestic violence. My Department has responsibility for the central authority for child abduction and the central authority for maintenance recovery. Also, it has an overseeing role in relation to the Employment Equality Agency.
With regard to criminal law, criminal legislation generally makes no distinction as between children and adults in its overall aim to protect citizens. However, there are provisions in the criminal law aimed specifically at protecting children for which my Department is responsible. In addition, my Department has responsibility for juvenile justice legislation.
The Justice, Equality and Law Reform (Delegation of Ministerial Functions) Order, 1998, made by the Taoiseach on behalf of the Government on 14 February 1998, delegated the powers and duties of the Minister for Justice, Equality and Law Reform conferred on him by or under the Children Acts, 1908 to 1989, to Frank Fahey T.D., Minister of State at the Department of Justice, Equality and Law Reform. Consequent to that delegation, the Minister of State has responsibility for progressing the Children Bill, 1996, through the Houses of the Oireachtas.
Matters relating to juvenile justice can be heard at any level in the courts, i.e. District, Circuit, High or Supreme Courts, for which the Minister is currently responsible. Sections 15 and 16 of the Criminal Evidence Act, 1992, provides for the admission as evidence in court of video recordings of statements to a garda or other competent person by alleged victims under 14 years of age of a sexual or violent offences. A committee has been established to prepare guidelines for persons carrying out such interviews. Arrangments are already in place for the giving of evidence by child witnesses via a live television link. At present this is only available in two courtrooms in Dublin but consideration is being given to extending it to other major centres throughout the country. I requested the Working Group on a Courts Commission to examine the issue of Family Law Courts and they have now submitted their sixth and final report which includes an analysis of and recommendations on family law courts. My Department is currently considering the proposals. Given the poor condition of many court buildings thoughout the country, a major courts building programme is under way which includes provision of a family law suite in all major towns as part of each new or refurbishment project.
The role of the Garda Síochána is a very broad one covering society as a whole but includes such areas as protecting the public peace, crime detection and prevention and the provision of guidance, assurance and assistance to the public, all of which, of course, impact on young people and families. The gardaí are actively engaged in assisting young people at risk through their involvement in, for example, the juvenile liaison and youth diversion projects. They are also involved in awareness/education programmes in schools.
The probation and welfare service has responsibility for the management and supervision of children and young persons on probation orders from the courts. It also provides a service to special schools (industrial and reformatory) under the aegis of the Department of Education and supervises those when the Minister for Education releases on licence under the provision of the Children Act, 1908. The Family Law Act, 1995, the Family (Divorce) Act, 1996, and the Children (Guardian ad Litem) Act, 1997, specify that in certain circumstances the court may seek a social report from an officer of the probation and welfare service.
My Department and the prison service have responsibility for children aged 15 to 17 who are committed to prison. Males and females under the age of 15 cannot be committed to prison. Males aged 15 and females aged 15 or 16 may be committed to prison only in exceptional circumstances whereby court rules that the young person is so unruly or depraved of character that he-she cannot be detained in a place of detention provided by the Department of Education. Special arrangements are made on the committal of a 15 year old male or a 15 or 16 year old female offender including allocation to a single cell and designation of a prison officer to remain with the offender during all out-of-cell times. Such committals are used only as a last resort by the courts. Long standing policy in accordance with international practice dictates that, when possible, prisoners are located in the institution closest to their home address to facilitate family contact. Male offenders aged 16 and 17 may be committed on remand or to serve a period of detention at St. Patrick's Institution. Sentenced male offenders aged 16 and 17 may be transferred from any of the five committal prisons (Mountjoy, Cork, Limerick, Portlaoise and Castlerea) and from St. Patrick's Institution to Wheatfield, Fort Mitchel and Shanganagh Castle to serve their sentences.
In the context of the Censorship of Publications Board, my Department has responsibility for prohibiting the sale and distribution of publications which are indecent or obscene, advocate abortion and dwell unduly on aspects of crime.
The Office of the Film Censor is responsible for the censorship of films and video recordings. The Censorship of Films Act, 1923, provides that no picture shall be exhibited unless and until the censor has certified it as fit for exhibition. The Video Recordings Act, 1989, provides for the control and regulation of the supply and importation of video recordings. The two main provisions of this Act, in relation to policy concerning children and the family, are (a) it provides that the film censor may, on grounds specified in the Act, prohibit the supply of video films which are considered unsuitable for viewing, and (b) it provides for the classification of video films in terms of their suitability for viewing by different age groups.
The National Steering Committee on Violence Against Women, which was established in December, 1997 and is chaired by Deputy Mary Wallace, Minister of State in my Department, is looking at a wide variety of issues in response to the needs of women experiencing all form of violence, including domestic violence.
My Department, in co-operation with the EU, has developed a two-year equal opportunities childcare programme. This programme, which I launched in July 1998, involves expenditure of approximately £6 million and is aimed at developing locally based childcare facilities to assist parents to reconcile family and working responsibilities and focuses particularly on the provision of those facilities in disadvantaged areas. Funding is also being provided from the European Social Fund and the Exchequer for the establishment of a national childcare database.
My Department chaired the Expert Working Group on Childcare which was established under Partnership 2000 in July 1997 to devise a national framework for the development of childcare services in Ireland. The group finalised a report and recommendations in December 1998. The report will be launched on Wednesday, 3 February 1999.
In accordance with a commitment in Partnership 2000 to support the growth of family policies, my Department is arranging for a round table forum on family friendly policies in the workplace to be held on 25 February 1999 involving the social partners, relevant Government Departments and agencies and a number of public and private sector employers.
