Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 29:

In page 19, between lines 8 and 9, to insert the following:"(7) Subject to sections 21 and 22, a person under the age of 18 and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) may make an application for international protection on his or her own behalf.".

Sinn Féin has concerns about the application for international protection for a separated child. I note that the Irish Refugee Council recommended that section 15(4) be replaced by a new subsection allowing a separated child to make an application for asylum on his or her own behalf. It notes that such an approach would be in accordance with Article 7 of the recast asylum procedures directive and Article 12 of the UN Convention on the Rights of the Child, as well as following a recommendation made in the working group's report. In this regard, the council also noted comment No. 6 of the UN Committee on the Rights of the Child, which refers to the necessary procedural safeguards required for an unaccompanied child to seek international protection.

The rationale for the amendment is that the Child and Family Agency, Tusla, should consult an independent legal representative to identify whether international protection should be applied for on behalf of a separated child. The current provision does not require the Child and Family Agency to receive independent legal advice when considering applying for protection on behalf of a separated child. The decision is left at the sole discretion of the Child and Family Agency which may operate in a manner that is contrary to the child's individual right to asylum, as guaranteed under Article 18 of the Charter of Fundamental Rights.

Given the implications for the child and the complexity of asylum law which encompass persecution of a child-specific nature, it is important that legal representatives with expertise in child and asylum law be consulted in making this important decision. The role of the social worker should include the facilitation of access to legal advice and the asylum procedure for separated children. The Child and Family Agency should regularly review the personal circumstances and protection needs of children in its care to establish whether an application for international protection is necessary. Such reviews should be conducted in conjunction with receiving independent legal advice from legal representatives.