Seanad debates

Wednesday, 3 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage

 

1:25 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I do not have the legal background of some of my esteemed colleagues but I raised the issue yesterday of children in direct provision. The section asks whether the parents have failed in their duty towards children. There are quite a number of children in direct provision who do not have their parents with them and are left to their own means within the system. Will the Minister clarify where they would stand? For example, can the State step in and take guardianship of a child in such a position if it feels there is a danger to his or her welfare, be that from sexual predators, social issues, etc?

I welcome the Minister stating yesterday that she felt the Irish Refugee Council report on direct provision needed to be acted upon. Prejudicially, people would argue that because of the situation of the State, they are in a prejudiced situation and it might have a different legal meaning. It would be an opportune time for the Minister to clarify the position of children in direct provision. The Irish Refugee Council is seeking legal advice around the whole referendum. It is important we get as much support as possible from all groups.

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