Children & Family Act to Commence This Summer

QUESTION NOS: 361 & 382

DÁIL QUESTIONS addressed to the Minister for Justice and Equality (Deputy Frances Fitzgerald)
by Deputies
for WRITTEN on Tuesday, 30th June, 2015.
* 361. To ask the Minister for Justice and Equality if there is a commencement date for the Children and Family Relationships Act 2015; and if she will make a statement on the matter.

– Olivia Mitchell

* 382. To ask the Minister for Justice and Equality when the provisions on adoption, guardianship and custody will commence under the terms of the Children and Family Relationships Act 2015; and if she will make a statement on the matter.

– Thomas Pringle

REPLY.
As I indicated in my response to Parliamentary Question No. 103 of 23 April 2015, “[…] section 1 of the Children and Family Relationships Act 2015 provides for the commencement of different Parts of the Act by different Ministers, because the Act addresses policy responsibilities of several different Ministers. My Department is working on an implementation plan for those areas which I will be commencing with a view to their commencement without undue delay. All of the necessary legal infrastructure must be in place prior to commencement, such as rules of court, court forms, regulations, and so on.

I note again for the record that I committed jointly with Minister Varadkar that Parts 2 and 3 of the Act, concerning parentage of children born through donor-assisted human reproduction, would not be commenced for a minimum period of one year from enactment, to provide an appropriate transition period and ensure that couples currently undergoing donor-assisted human reproduction treatment could continue that treatment.”

I now expect to be in a position to commence the provisions in relation to guardianship, maintenance, and related consequential amendments in the autumn; commencement of the amendments to the Adoption Act is a matter for my colleague the Minister for Children and Youth Affairs.

The Minister for Foreign Affairs and Trade has commenced Part 10 of the Act – a technical provision amending the Passports Act – and the commencement date for that Part is 1 July.

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