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

I will deal with the amendments one by one. Some of what we have done in the amendments is reflective of the debate in the Seanad, when Senator van Turnhout and the Children's Rights Alliance had concerns around the Bill. I will explain that it will be necessary to have two opinions of the age of a suspected minor, not one, as previously envisaged, and also that the Child and Family Agency will be automatically involved.

I cannot agree with amendments Nos. 16 and 17 as all applicants are asked for their date of birth as part of their initial interview on arrival. If the person gives a date of birth that makes them a minor, then they have self-identified as a minor, and that is the way it works. I also cannot agree with Sinn Féin's amendments Nos. 18 and 19 because there is a concern they may be too narrow. A child may be accompanied by a responsible person who is not covered in the suggested text of the amendments.

Government amendment No. 72 is a technical drafting amendment. I cannot accept amendment No. 73, which seeks to insert a provision into section 24 which deals with the examination to determine the age of an unaccompanied minor in order to provide that such examinations should only be carried out as a measure of last resort. This amendment is not necessary. Section 24(1) clearly states that an age assessment examination will only be conducted when necessary for the purposes of determining the age of an applicant for international protection. Section 24(6) also provides that the best interests of the child will be a primary consideration in the application of this section.

Amendment No. 74 is a Government amendment linked to amendment No. 52, which concerns section 27. We acknowledge the input of Senator van Turnhout in regard to this matter, which relates to having two opinions rather than one and also the involvement of the Child and Family Agency.

Government amendment No. 76 arose from an engagement with the Children's Rights Alliance and Department officials. The alliance has many NGO members from the protection sector. This amendment gives a further reassurance that the best interests of the child are at the heart of the Bill and provides specific safeguards as to the assessment of the child's capacity to understand the process. Those provisions were not in the Bill previously but they will be as a result of accepting these amendments.

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