Thomas Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 6:

In page 10, between lines 24 and 25, to insert the following: “ “Representative” means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in Article 2(n) of the Asylum Procedures Directive 2013/32EU with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor, in accordance with this Directive;”.

I am stepping in at short notice for the Leas-Chathaoirleach, who is obviously indisposed with regard to making the arguments because he has to be neutral, and I am delighted to do so. There is no such thing in Standing Orders as technical amendments. The Bill has to be read very carefully, and that can be very difficult to do when things are rushed at the last minute. Senators and the Government, in particular, have an important role in making sure things are done right. The worry is that rushed legislation becomes bad law.

The amendment comes from the work of the Irish Refugee Council, which recommended that a new provision be inserted into the Bill for the appointment of an independent representative or guardian to act in the best interests of a child in line with EU and international obligations under section 2 of the Bill. Representatives should be free of potential conflicts of interest. The Irish Refugee Council said Ireland could adopt the definition of representative under Article 2(n) of the asylum procedures directive.

Amendment No. 7 is also in the name of the Leas-Chathaoirleach. Although section 14 goes some way towards defining an unaccompanied minor, there still seems to be a lack of clarity as to how a determination is made as to whether someone is taking responsibility for the care and protection of the child concerned. The amendment, which I understand has also been drafted by the Irish Refugee Council, will bring the Bill more in line with the Separated Children in Europe programme and the UNHCR definition of separated children. The definition was also recommended by the Irish Human Rights Commission as part of its observations on the 2008 Immigration, Residence and Protection Bill. I will discuss the other amendments at a later stage. They are not all Fianna Fáil amendments.