Sir, - In the second Millennium lecture on "The Marginalised Child", with his usual clarity and evidence from research, Prof Anthony Clare presented the problems, short and long-term, on the effects of marital or partnership breakdown on children (The Irish Times, September 29th). To counter these problems, Prof Clare called for legislation emphasising the importance of children's welfare in divorce proceedings. Would that even the legislation we have be enacted!
When I think of the wringing of hands that went on in both Houses of the Oireachtas about children during the debates on the Divorce Act, and that the Family Law Act 1995 stressed the need for independent reports on children to be available to the courts, and that three years on these facilities are still not available, it is not more legislation we need but the resources to put into practice that which we have.
The purpose of the reports is to fully inform the courts of the current domestic situation in family law cases with emphasis on the needs of the child. Central and local government fail our children daily while these reports are not available. The judiciary have complained but with no effect to date. The State is not providing justice for these children.
Earlier this month I launched a document produced by the probation and welfare officer's branch of IMPACT which strongly proposed the re-establishment of a court welfare service. An assessment service was run on a "grace and favour basis" by the probation service but two years ago, due to the pressure of work with criminal cases, it was discontinued. Funding for a court welfare service should be made available by the Department of Justice, Equality and Law Reform if we are to show that the State intends to make even the least effort to help our marginalised children. - Yours, etc., Senator Mary Henry, MD,
Seanad Eireann, Baile Atha Cliath 2.