Oireachtas Joint and Select Committees

Tuesday, 19 February 2019

Joint Oireachtas Committee on Children and Youth Affairs

General Scheme of the Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019: Minister for Children and Youth Affairs

Ms Éimear Fisher:

We certainly have had contact on a bilateral basis but also all of this is co-ordinated by the Department of the Taoiseach through our weekly meetings of Secretaries General, the weekly meetings of the assistant secretaries and the meetings of the co-ordinators, where these issues are raised. Apart from that we have raised issues that we have identified and which all Departments were required to do some time ago. The Deputy has raised a question on the key issues for our Department.

In respect of child protection and sharing of information, the legal advice we received was that it was quite strong in that the child's best interest would always trump any other situation, for example if it is in the child's best interest to share the information, one shares the information. Falling back from that is the public interest, which would be a safety net also but finally there would be the legal basis for the sharing of information, which is set out in the Children First Act 2015, and the Criminal Justice (Withholding of information on Offences Against Children and Vulnerable Persons) Act 2012. If all of that still does not provide the certainty, which we would say it does, if there is still something behind that, then there would be a need for a protocol, but there is no legislation required as of this time.

Secure care information can be shared on those three bases also, but in the light of the uncertainty as to how Britain will leave, it is impossible to put those agreements in place at present. The understanding from the Department of Justice and Equality is that the Protection of Children (Hague Convention) Act 2000 steps in regarding the placing of children in other jurisdictions, from one member state to another member state. That would facilitate the placing of children in another member state. If Britain moves, the Hague Convention steps in. Behind that we are also considering a protocol for a belt and braces requirement. It will not be required, but at the same time, ar eagla na heagla we will look at that as well.