Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I concur. I am speaking about amendment No. 8, which states: " "separated child" means a child under the age of 18, who is outside his or her country of nationality or, if a stateless person, outside his or her country of habitual residence and who is separated from both parents, or from his or her previous legal or customary caregiver". Although section 14 goes some way towards defining an unaccompanied minor, there is still a lack of clarity, as has been said, on how a determination is made as to whether is someone is taking responsibility for the care and protection of a child. This is particularly concerning in light of a potential situation in which a child has been trafficked. The proposed amendment would bring the Bill more in line with the Separated Children in Europe programme and the UNHCR definition of separated children. This definition was also recommended, as Deputy Byrne said, by the Irish Human Rights Commission as part of its observations on the 2008 version of the Immigration, Residence and Protection Bill. The United Nations Convention on the Rights of the Child, CRC, and the UNHCR also define separated children and unaccompanied minors in their guidelines.

I would also like to speak on amendment No. 19, which states: "In page 18, line 8, to delete “that” and substitute “or when a person self-identifies that they are”." Given the important ramifications, if a person is determined to be an adult it is imperative that this decision is reached in a cautious manner and based on the guidance of other actors, including the Child and Family agency, as opposed to on the basis of one officer's subjective opinion. When a person presents as a child, it is imperative that he or she is treated as such. This also reflects the principle of the child's right to be heard under Article 12 of the CRC. In cases of doubt the person should be treated as being aged under 18 years of age until such time as there is sufficient evidence to the contrary.

Amendment No. 20 seeks to insert the phrase "a parent or legal or customary caregiver". The rationale is that, as it stands, there is a lack of clarity in the Bill about whether a minor is deemed accompanied or unaccompanied. In law and international best practice, a child is either accompanied by a parent or guardian or is an unaccompanied or separated child. Sections 14 and 15 of the Bill make reference to a responsible adult.The term is not defined and does not accord with Irish law unlike the term "guardian". This responsible adult has extensive powers, enabling him or her to make an application for international protection on behalf of a potentially unaccompanied or separated child under section 15, including the power to consent to a medical examination of the child without that person's relationship to the child ever having been established. The adult could be a friend, brother, sister or, equally, the child's trafficker. That covers amendments Nos. 19 and 20. We are suggesting amendment No. 27 with a similar rationale.

Amendment No. 136 would delete the word "of" and insert the phrase "and competency to take into account". The examination of a separated child's asylum claim requires not only expertise in children's rights but also child protection needs in the context of refugee status and subsidiary protection. Children may often present with different protection needs from adults and, therefore, such cases require particular expertise and skill to identify correctly any persecution or serious harm the child may fear or face if returned to the country of origin. This amendment serves to clarify the knowledge required by authorised officers who conduct interviews with separated children. The new subsection would also guarantee that children would be able to be heard in a safe environment during their personal interview and that the interview would be conducted in a child-friendly manner. The other two suggestions, amendments Nos. 138 and 142, follow a similar rationale.