Seanad debates

Thursday, 12 November 2009

Proposed Legislation

 

12:00 pm

Photo of Cecilia KeaveneyCecilia Keaveney (Fianna Fail)

I thank the Cathaoirleach for accepting this Adjournment matter. I apologise in advance to the Minister of State, Deputy Mansergh, because sometimes I know exactly what answer I want and what point to make. Unfortunately, today I will not be as straightforward in what I want to say or hear.

I am vice-president of the directorate of youth and sport in the Council of Europe which recently engaged with some of the youth of Europe. They said they are looking for a convention on youth rights. I asked them why would they need such a convention when the UN Convention on Human Rights and the Convention on the Rights of the Child, which we will celebrate the 20th anniversary of on 20 November, are in place. They claimed they seem to be falling between the gaps when it comes to definitions of a "youth", a "minor" and an "adult" and to whom legal responsibility applies.

I raised this Adjournment matter to get a sense from the Department of Justice, Equality and Law Reform as to whether Ireland needs a convention on youth rights. Has any effort been made to get a definition of a "child" and an "adult"? Is it possible to have a black and white definition?

All Members recently received a leaflet from the Citizens Information Board which states there is no definition of a "child" or "young person". The age of majority is 18 years; in general one ceases to be a child on one's 18th birthday. One is legally a minor up to 18 and legally an adult after that. A child with a disability has the same rights and obligations as other children.

However, there are various age limits for different activities. One can vote at 18 years of age but must be 21 to stand for election to the national Parliament and the European Parliament and 35 to be a candidate in a presidential election. One can get a provisional driving licence at 17 years of age, go to work at 14 but there is a different category for those who are 16 years of age.

In regard to social welfare payments, one is an adult in one's own right at 16. However, under social welfare legislation, if a parent receives the lone parent payment, the recipient may continue to receive it until the child is 22 years if age if in full-time education. Under the grant scheme for higher education, one's parent's income can be means-tested until one reaches 23 years of age or 22 years of age, depending on whether one's parent receives the lone parent payment. I could pick out further examples from that one document we received.

The other aspect I want to draw attention to, as it comes under the ambit of the Department of Justice, Equality and Law Reform, is the degree of culpability in law for those under the age of seven, 12, 14, 16 and 18. I am interested to hear the response from the Department. When I first tabled this Adjournment matter the Department was anxious to have more concrete ideas in terms of where I was coming from and I hope it has been able to interpret my request to give me an answer. I thank the Minister of State, Deputy Mansergh, for remaining in the House to give me that answer.

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