Dáil Éireann Debate, Thursday - 25 April 2024
256. Deputy Bernard J. Durkan asked the Minister for Justice if she will introduce the necessary changes to Irish family law to prevent the use of parental alienation pursuant to the appropriate provisions of family and child law; and if she will make a statement on the matter. [18692/24]
Amharc ar fhreagra257. Deputy Bernard J. Durkan asked the Minister for Justice her proposed timescale for the introduction of legislation to discontinue the use of parental alienation in Irish family law; and if she will make a statement on the matter. [18693/24]
Amharc ar fhreagraI propose to take Questions Nos. 256 and 257 together.
As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
My Department committed to undertake both a public consultation and independent research on the topic of parental alienation. The findings of both were analysed, and arising from this, department officials developed a policy paper on how to address the issue.
Both the paper and the report recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of accusations of parental alienation within the Irish courts, the research report found that, similar to other courts internationally, there appear to be 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.
Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation, which are also linked to actions within the Family Justice Strategy. One of the recommendations in the paper is to conduct a review of expert reports in the family law process.
My Department has conducted this Review and I expect to bring the recommendations arising from it to Cabinet in the coming weeks. I will then publish the Review.
