Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 6:

In page 10, between lines 22 and 23, to insert the following:““separated child” means a child under the age of 18, who is outside his or her country of nationality or, if a stateless person, outside his or her country of habitual residence and who is separated from both parents, or from his or her previous legal or customary caregiver;”.

Although section 14 goes some way towards defining an unaccompanied minor, there is still a lack of clarity regarding how a determination will be made on whether someone is taking responsibility for the care and protection of the child concerned. This is particularly concerning in the light of the potential situation where a child has been trafficked. The proposed amendment would bring the Bill more into line with the Separated Children in Europe programme and the UNHCR's definition of separated children. This definition was also recommended by the Irish Human Rights Commission in its observations on the 2008 version of the Immigration, Residence and Protection Bill. The UN Convention on the Rights of the Child and the UNHCR also define both separated children and unaccompanied minors in their guidance.

See this speech in context