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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Family law section 47 reports

Summary

Deputy Durkan attempts to raise concerns about subjective section 47 reports in family law and alleged child removals, but the Chair repeatedly rules him out of order for referring to a court matter and a specific case. The session is eventually ended on this item without substantive ministerial reply.

Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I want to raise an issue I have raised a couple of times already in this House over recent weeks, which is the increasing reliance in the family law courts on very subjective section 47 reports. This has resulted in the removal of children from the custody of their mother in appalling circumstances. The Garda was ordered by the court to enter the classroom-----

Comment on this
Catherine Connolly An Leas-Cheann Comhairle Independent

The Deputy is referring to a specific case and making allegations about subjective reports. There is a division in relation to this House and the courts. I would ask the Deputy to reflect on what he is saying. He cannot proceed-----

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

If the Leas-Cheann Comhairle hears me out, she might understand why I am saying it.

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We are tight for time.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Please stop.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

It resulted in the removal of the children, in that callous fashion, and placed them in the custody of their-----

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Catherine Connolly An Leas-Cheann Comhairle Independent

I am not allowing this. The Deputy is out of order.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

-----other parent, who was previously-----

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Catherine Connolly An Leas-Cheann Comhairle Independent

The Deputy is out of order.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I am sorry. There is only one move left for me now. I can only do one thing.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Deputy, I am standing up now. That is the ultimate-----

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

All right. I will table a motion in the House-----

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Catherine Connolly An Leas-Cheann Comhairle Independent

Please sit down.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

-----asking for the removal of the offending officer of the court-----

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Catherine Connolly An Leas-Cheann Comhairle Independent

Deputy, resume your seat.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

-----from the Bench.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Deputy, resume your seat. I ask reluctantly. Resume your seat.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

A Leas-Cheann Comhairle-----

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Catherine Connolly An Leas-Cheann Comhairle Independent

No.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I am sorry. There is precedent for this matter to be raised in the House.

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Catherine Connolly An Leas-Cheann Comhairle Independent

The time is running. The Deputy is out of time and out of order.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

No, I am forced to be out of time and out of order.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Deputy, resume your seat.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I want to resume my seat and I want to be in order. I ask that the Leas-Cheann Comhairle allow the Taoiseach to answer the question.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Deputy, resume your seat.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

The issue is already in the public arena.

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Catherine Connolly An Leas-Cheann Comhairle Independent

I will have to abandon the session if the Deputy does not resume his seat.

Comment on this
Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I ask the Leas-Cheann Comhairle to allow the Taoiseach to comment.

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Catherine Connolly An Leas-Cheann Comhairle Independent

The Deputy is ignoring an order of the Leas-Cheann Comhairle. It is a very serious-----

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I am sorry, a Leas-Cheann Comhairle, but it is not out of order.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Unfortunately for the Deputies waiting to come in, I am going to now put an end to Questions on Policy and Legislation. I am sorry. I am going to move on.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

The Taoiseach wants to answer.

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No. Questions on Policy and Legislation are over.

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I appeal to the Deputy to give way.

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Catherine Connolly An Leas-Cheann Comhairle Independent

I have made a ruling. I ask Deputy Durkan to resume his seat. This is a really serious matter. I will not go into it again. If the Deputy is refusing to resume his seat, I will put a stop to this session.

Comment on this
Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I have resumed my seat and I want to be in order.

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Catherine Connolly An Leas-Cheann Comhairle Independent

Thank you. That is not obvious to me. I am going to repeat generally that matters in the courts cannot be brought up in this manner. It is simply not on and it is not acceptable.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

But they have been brought up before.

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Catherine Connolly An Leas-Cheann Comhairle Independent

When the Ceann Comhairle or the Leas-Cheann Comhairle makes a ruling, whether Deputies like it or not, that is it.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

They have been brought up before.

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Catherine Connolly An Leas-Cheann Comhairle Independent

We have one minute and four seconds left and there are three speakers seeking to contribute. I will allow them 30 seconds each to put their questions and the Taoiseach, with his co-operation, will answer all three together.

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