Alan Shatter (Dublin South, Fine Gael)
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Question 4: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the removal of a child (details supplied) from his mother at Dublin Airport on 15 August 2009 and of the deportation to Nigeria of the child's mother on 1 September 2009; his views on whether it is appropriate that a four year old child never previously apart from his mother be taken from her in such circumstances at Dublin Airport and remain totally alone in this State under the care of the Health Service Executive; if consideration was given to the distress caused to the child and both the immediate and long-term damage to the child's welfare that may result; if his further attention has been drawn to the fact that the child is an Irish citizen born here on 21 August 2005 and that since the events at Dublin Airport, the child has had numerous social workers involved in considering his circumstances, has been cared for in a variety of placements at taxpayers' expense and subject to events that can only be harmful to the child; and if he will take immediate action to facilitate family reunification between the child and his mother by permitting her return here. [46388/09]

Dermot Ahern (Louth, Fianna Fail)
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The lady in question arrived in the State on 19 August 2005 and though her child was born in the State two days after her arrival, he is not an Irish citizen as he was born subsequent to the coming into force of the Irish Nationality and Citizenship Act 2004 in that neither of his parents was an Irish citizen nor had either parent been lawfully resident in the State for three of the four years before the child's birth. Two days later she applied for asylum and her son was included in this application meaning that any decision taken on her applied equally to her son.

The asylum application was refused both at first instance and on appeal. Arising from the refusal of the asylum application, the lady in question was notified, by letter dated 25 October 2005, that the Minister proposed to make deportation orders in respect of her and her son. Representations were submitted on behalf of the lady in question at that juncture.

Following consideration of those representations, deportation orders were signed in respect of mother and son on 23 November 2005 and notified to them by registered letter dated 29 November 2005. They failed to present to the GNIB as required on 5 November 2005 and were therefore classified as persons evading deportation.

On 16 August 2009, the mother and son were apprehended by officers of the GNIB at Dublin Airport. Following questioning by the immigration officer and checks on the relevant Garda database, they were identified as persons evading deportation.

At this point, the mother was arrested and detained and she was conveyed to the women's prison, Dochas Centre. As this prison did not have facilities for her son, and in accordance with well-established procedures, the lady in question was given the option of putting her son voluntarily into the care of the Health Service Executive, HSE. She refused to voluntarily place her son in the care of the HSE and as a result the arresting garda was left with no option but to execute his powers under section 12 of the Child Care Act 1991 to secure appropriate care for the child.

In accordance with HSE procedures, that body sought and was granted an emergency care order on 17 August 2009, at which point the child was placed in the care of the HSE. An interim care order was subsequently granted on 24 August, valid until 21 September 2009.

Given that the lady in question and her son were the subject of extant deportation orders, arrangements were made to have them both repatriated to their country of origin by chartered flight on 1 September 2009. On this date an application was made by the HSE to have the interim care order lifted to allow the child to accompany his mother to their country of origin. This application was refused by the District Court and the child remained in the care of the HSE. As a result the lady in question was repatriated without her son.

Since her deportation on 1 September 2009, representatives of the GNIB have made sustained efforts to communicate with the lady in question, in order to facilitate the return of her son to her in the family's country of origin.

An application has now been received from the court appointed guardian ad litem of the child in question requesting that the deportation order in respect of his mother be revoked to allow her to re-enter the State to be reunited with him. This application, made under section 3(11) of the Immigration Act 1999 as amended, is under consideration at present and a decision will issue shortly.

Alan Shatter (Dublin South, Fine Gael)
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Will the Minister tell the House what consideration of any nature was given by the Department or those operating under its aegis to the welfare of the child in the period between when the child was removed from the mother in Dublin Airport and the mother being deported on 1 September? When was it learned that the District Court had determined in the interests of the welfare of the child that he should not be deported? What consideration, if any, did the Minister give to the interests of the welfare of this child that the deportation of the mother be at least postponed?

In the context of the very solemn and magisterial speech the Minister delivered this day two weeks ago on the steps of Government Buildings on the launch of the Murphy commission report, when he stated that no agency or institution is above the law, did he give any consideration to the various obligations under the Child Care Act to ensure that any intervention in respect of a child is based on that child's welfare? Is he aware that, at great cost to the State, the child in question has been traumatised for four months by virtue of having four different sets of foster parents and three sets of social workers and has been the subject of five unplanned moves under the aegis of the HSE? Is he aware that the child is currently in the care of temporary foster parents?

Does the Minister accept that children of four do not make decisions to defy deportation orders? Does he also accept that it is utterly contrary to the interests or welfare of a child that he should be taken from his mother at Dublin Airport and that she be kept from him and then deported at a time when the Irish courts determined that it was contrary to the child's welfare that he should be deported? Does the Minister agree that there is a need for joined-up thinking and a coherent policy with regard to children in such circumstances?

Dermot Ahern (Louth, Fianna Fail)
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I accept that this is a difficult case and that, obviously, a child would not make a conscious decision to evade deportation. However, this child's mother evaded deportation for four years.

Alan Shatter (Dublin South, Fine Gael)
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The Minister is punishing the child.

Dermot Ahern (Louth, Fianna Fail)
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The Department and the immigration service are often criticised by people in the Deputy's party. For example, on 3 December Deputy Naughten issued a press statement in which he criticised the Government on its performance in respect of completing cases relating to people making unfounded applications. The Deputy indicated that he wanted such cases completed quickly. In this instance, the decision was made quickly - within a number of months. Once the decision had been made, however, the mother evaded deportation. Since she was returned to her country of origin, several attempts have been made by officers of the Garda National Immigration Bureau, GNIB, to communicate with her. These officers provided the woman with their telephone numbers in order that she might contact them.

On 17 October, a member of the GNIB spoke by telephone with a woman who identified herself as the lady in question. She indicated that she did not want the child to be returned to her in her country of origin and refused to disclose her whereabouts. The member of the GNIB provided her with his personal telephone and e-mail address to assist her in making contact. No such contact has been made. Recent attempts to contact the woman by telephone have not been successful.

Alan Shatter (Dublin South, Fine Gael)
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The Minister should outline the position in respect of the child.

Dermot Ahern (Louth, Fianna Fail)
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In the child's best interests, the HSE and the garda in question made the necessary arrangements to have the child taken into care. The Deputy's question indicates that this child is an Irish citizen but that is not the case.

Alan Shatter (Dublin South, Fine Gael)
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I accept that. However, the Minister should tell us about the child's welfare.

Brendan Howlin (Wexford, Labour)
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Deputy Shatter should cease interrupting. I will call him again.

Alan Shatter (Dublin South, Fine Gael)
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The Minister is evading the issue. He should talk about the child, not the mother.

Brendan Howlin (Wexford, Labour)
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The Deputy should not interrupt.

Alan Shatter (Dublin South, Fine Gael)
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The Minister presented himself in heroic guise two weeks ago. The child is being traumatised by the State as a result of the conduct of its mother.

Brendan Howlin (Wexford, Labour)
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I ask Deputy Shatter not to ignore the Chair. The normal procedure is that a Member is called and then stands to address the Parliament.

Dermot Ahern (Louth, Fianna Fail)
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The Deputy's question indicates that the child is an Irish citizen, born here on 21 August 2005. We passed a referendum in 2004, the result of which was the enactment of legislation which changed the position in respect of children born on the island of Ireland.

Alan Shatter (Dublin South, Fine Gael)
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So that is the reason a child is being traumatised.

Dermot Ahern (Louth, Fianna Fail)
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The State will endeavour to cater for the best interests of the child to the greatest degree possible. However, I respectfully suggest that it would be in the child's best interests that he be returned to his mother in their country of origin.

Alan Shatter (Dublin South, Fine Gael)
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Is the Minister aware that it is the view of the HSE and the courts that the welfare of the child is not consistent with the child being returned to Nigeria? Is he also aware that the reason the child remains in this jurisdiction is that the District Court is required to regard the welfare of the child as the paramount consideration and to make orders in the best interests of the child? Is the Minister suggesting that because this child is not an Irish citizen, he is someone of lesser needs and lesser rights who deserves to be traumatised on foot of the misconduct of his mother?

As matters stand in respect of this tragic case, this child, who had never been separate from his mother during the first four years of his life, is being required by the courts to remain in this country. Will the Minister, for humanitarian reasons, allow family reunification and, in these circumstances and for the child's safety, allow the mother to return here?

Dermot Ahern (Louth, Fianna Fail)
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There is no conflict between the HSE and the GNIB in respect of this matter. The fact is that-----

Alan Shatter (Dublin South, Fine Gael)
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Did the Minister receive a recommendation from the HSE to the effect that child should be sent to Nigeria? That answer is that he did not.

Dermot Ahern (Louth, Fianna Fail)
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-----it is in the best interests of the child that he be repatriated with his mother in their country of origin.

Alan Shatter (Dublin South, Fine Gael)
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Did the HSE make a recommendation in that regard? The Minister is aware that the HSE made no such recommendation.

Dermot Ahern (Louth, Fianna Fail)
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The logical extension of what the Deputy suggests is that, in effect, we should drive a coach and four through the decision of the Irish people in the referendum of 2004.

Alan Shatter (Dublin South, Fine Gael)
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I suggest that the Minister should not persecute a four year old child.

Dermot Ahern (Louth, Fianna Fail)
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Conditions were set out in legislation enacted subsequent to that referendum to the effect that children born on the island of Ireland do not necessarily have citizenship status.

Alan Shatter (Dublin South, Fine Gael)
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The Minister is aware that the HSE does not want the child to be sent to Nigeria. He is providing his usual smug and evasive response.

Brendan Howlin (Wexford, Labour)
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Ceist a cúig.

Alan Shatter (Dublin South, Fine Gael)
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This is the man who two weeks ago pretended to be concerned about the welfare of children-----

Dermot Ahern (Louth, Fianna Fail)
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Deputy Shatter is trying to have it both ways.

Brendan Howlin (Wexford, Labour)
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Deputy Shatter should not shout down other Members and should certainly not-----

Alan Shatter (Dublin South, Fine Gael)
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-----in a disgraceful presentation delivered outside Government Buildings.

Dermot Ahern (Louth, Fianna Fail)
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Deputy Shatter-----

Brendan Howlin (Wexford, Labour)
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The Minister should resume his seat. Deputy Shatter will not abuse the House or shout down other Members. We are conducting parliamentary business and I hope we might do so in an orderly way.

Alan Shatter (Dublin South, Fine Gael)
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On a point of order, the Minister finds it impossible not to have a smug grin on his face permanently.

Brendan Howlin (Wexford, Labour)
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As the Deputy knows full well, that is not a point of order.

Alan Shatter (Dublin South, Fine Gael)
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This matter relates to the welfare of a four year old child who has been left in limbo by the incompetent manner in which the Minister and his Department dealt with his tragic family situation.

Pat Rabbitte (Dublin South West, Labour)
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I never accused the Minister in the way Deputy Shatter is doing.

Brendan Howlin (Wexford, Labour)
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Deputy Shatter should have some regard for other Members.