Máire Hoctor (Tipperary North, Fianna Fail)

I do not propose to accept the amendment. The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes, including the child benefit scheme, with effect from 1 May 2004. That condition was introduced to ensure that people who have not worked in Ireland, or have not established habitual residence here, should not be able to avail of assistance schemes, such as child benefit. I am satisfied that the condition is achieving its intended purpose, which is to allow people who are genuinely and lawfully making Ireland their habitual residence to access social welfare schemes while preventing unwarranted access by those who have little or no connection with the State. The operation of the condition was reviewed by the Department of Social and Family Affairs in 2006. It is not intended to introduce any changes to the current policy in this regard, as the original reason for the policy is still valid. The advice of the Office of the Attorney General on the UN Convention on the Rights of the Child was obtained before the habitual residence condition was introduced. It was pointed out that the convention allows national law to prescribe the manner in which the needs of children are met. The requirements of the convention in this respect are adequately met by the alternative child benefit provisions in place in Ireland for those whose habitual residence is established. Direct provision is made available for those in need whose habitual residence has yet to be determined. Therefore, the application in this country of the UN convention to child benefit is consistent with the provisions of the convention.