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

If a 16 year old arrives in the manner articulated - I am sure that can and has happened - the determination on that situation is made by the protection officer with Tusla, the Child and Family Agency. That is how that situation is dealt with. There is no suggestion that individual would not be entertained or that an application would not be processed.

The amendments in this grouping deal with applications for international protection. I am not accepting amendment No. 20, as a provision is included to stop applicants making claims on behalf of their children in their own right, after their own cases have been completed, in an effort to frustrate the process and delay their removal from the State. Amendment No. 22 is a Government amendment. It is a technical amendment which adds a comma. I cannot accept amendment No. 23 as it would weaken the provision and would not be in the best interest of the child. Amendment No. 24 is a Government amendment which further amends and clarifies the information required to be provided by an applicant when making his or her application, which may have a bearing on other matters to be considered by the Minister for Justice and Equality as appropriate at any later stage.

I am not agreeing to amendment No. 25, as a person arriving at the frontier of the State who is an unaccompanied minor will be referred to the Child and Family Agency, which will decide what is in the best interest of the child. The Child and Family Agency will make a decision on behalf of the child, based on the information and legal advice available to it. I am not agreeing to amendment No. 29, as the existing provision adequately balances the needs of the State and the circumstances of the individual and current practice takes account of personal circumstances.

Amendment No. 75 is a technical Government amendment. I have already spoken on amendment No. 76 in the context of the interaction with the Children's Rights Alliance. Amendment No. 90 is a Government amendment which clarifies that an application for international protection may be withdrawn by the applicant at any time prior to the preparation of the report under section 38.

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