Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I thank the Deputy for his contribution. There were three references to the best interests of the child in the first draft of the Bill but because of amendments such as this, on the passage of the Bill, there will be at least seven references. I do not accept the Deputy's amendment and I will outline the reasons shortly. The Bill will be better as a result of the contributions from across the House. We do not oppose the motivations behind the amendment but, unfortunately, we are dealing with technical wording that appears in legislation.

The working group on the protection process, including direct provision and supports to asylum seekers, held a similar view and one whose intent I share. However, the working group did not consider the potential impact on other areas of this Bill, including the fact it refers to the protection process and certain immigration provisions. Following extensive legal advice, I am satisfied the provisions in the legislation and our amendments ensure not only the intent of the recommendations but also fulfil the Government's policy to enable such protection to be included in our Constitution, as the Deputy has mentioned. The amendment does not legally satisfy the advice we have been given and would have an unintended consequence beyond the scope intended that we cannot resolve at this stage. We have explored all avenues to reassure all those who rightly advocate for children's rights that the Bill will ensure the best interests of the child will be a primary consideration in the protection process, ensuring the best practice, which exists in our process, will be embedded in the practices that will result from the enactment of the Bill.

A number of amendments have been tabled by the Government which will further strengthen the safeguards for children in the legislation. A provision has been inserted in section 15(4) to provide for the Child and Family Agency to include legal advice when deciding if an application should be made in respect of an unaccompanied minor. We also propose an amendment to section 27 along with an amendment to section 25. These were prompted following serious engagement with Senator van Turnhout and the Children's Rights Alliance.

Amendment No. 74 also addresses this matter. The amendment is linked to amendment No. 52, which relates to section 27. We acknowledge the engagement of the Senator on this matter. The amendment, once again, demonstrates that in all appropriate provisions of the legislation, the Government has been wiling to reassure everyone that we are fully committed to ensuring best practice in respect of children in the protection process is not only at its heart but is embedded in the work of all those who will engage with children seeking protection. The new section 25(6) states: "The best interests of the child will be a primary consideration in the application of this section". While there may have been comments that there were not sufficient references to the best interests of the child, that has been addressed and such references are much more explicit than was previously the case.

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