Michael Colreavy (Sligo-North Leitrim, Sinn Fein) | Oireachtas source

I move amendment No. 16:

In page 18, line 8, to delete “that” and substitute “or when a person self-identifies that they are”.

The rationale underlying this amendment is that given the important ramifications if a person is determined to be an adult, it is imperative that this decision is reached in a cautious manner and on the guidance of other actors, including the Child and Family Agency, as opposed to just on the basis of one officer's subjective opinion. When a person presents as a child it is imperative that he or she is treated as such. This also reflects the principal of the right to be heard under Article 12 of the Convention on the Rights of the Child, CRC. In case of doubt, the person should be treated as being under 18 until such time as there is sufficient evidence to the contrary.

Amendment No. 18 reads:

In page 18, lines 10 and 11, to delete “an adult who is taking responsibility for the care and protection of the person” and substitute “the parent or legal or customary caregiver”.

As it stands, there is a lack of clarity in the Bill about whether a minor is deemed accompanied or unaccompanied. In law and in international best practice, a child is either accompanied by a parent or guardian or is an unaccompanied or separated child. Sections 14 and 15 make reference to "a responsible adult" which is not defined and does not accord with Irish law, unlike the term "guardian". This responsible adult has extensive powers enabling him or her to make an application for international protection on behalf of a potentially unaccompanied or separated child under section 15, including the power to consent to a medical examination of a child without his or her relationship to the child ever having to be established. The adult could be a friend, brother, sister or could be the child's trafficker.

Amendment No. 19 reads:

In page 18, lines 24 and 25, to delete “taking responsibility for the care and protection of the person” and substitute “the parent or legal or customary caregiver”.

The rationale behind this amendment is the same as for amendment No. 18.

Amendment No. 20 reads:

In page 18, line 29, to delete “shall be deemed to also have made” and substitute “may make”.

This clearly articulates the right of the child to make a separate application on his or her own behalf.

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