Dr. Tricia Keilthy:

I thank the committee for inviting the Ombudsman for Children’s Office, OCO, here today to provide our observations on the general scheme of the new international protection Bill. Migrant children are among the most vulnerable children in the State who face multiple barriers to the realisation of their rights. The implementation of the EU pact on migration and asylum will directly affect migrant children arriving in Ireland. It is crucial that the implementation of the pact takes due account of European and international children’s rights standards that Ireland has an obligation to uphold. This means the State should set out explicitly how it intends to apply the legal instruments affecting children in line with Ireland’s obligations under the Charter of Fundamental Rights of the European Union, CFREU, the UN Convention on the Rights of the Child, UNCRC, and the European Convention on Human Rights, ECHR. This intention should also be set out clearly in the new international protection Act.

We have significant concerns that the general scheme, as it is currently drafted, does not provide sufficient safeguards for the rights of migrant children as required by international human rights law and the pact’s legislative framework. The OCO also wishes to highlight its concern that a number of placeholders are found throughout the general scheme, making it impossible to fully scrutinise its provisions, especially in areas that contend with fundamental rights such as age assessments, legal advice and representation and alternatives to detention. We recommend that adequate time be given to the committee and key stakeholders to examine draft provisions in these areas as part of the pre-legislative scrutiny of the general scheme. Such provisions should not be introduced at a later stage of the legislative process.

Some of the key changes we need to see, which are outlined in our submission, include: the need to include a requirement that the best interest of the child be a primary consideration in all aspects of the legislation, as required by EU law and international children’s rights standards; an explicit ban on the immigration detention of children; an independent guardian system for unaccompanied children; access to free legal advice and representation; a presumption of minority and age assessments that comply with international human rights standards; and an independent monitoring mechanism whose remit covers screening procedures, as well as the asylum border procedure and that is fully in line with the guidelines of the European Union Agency for Fundamental Rights.

There is an opportunity for legislators to ensure sufficient safeguards are in place for children and that our legal framework is in line with international human rights obligations in order that we can be confident that the rights of children on the move will be fully respected, protected and fulfilled.