Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

On amendment No. 10, I unfortunately cannot agree with Senator van Turnhout’s proposed amendment, which links into the recommendations of the working group. While the recommendation is desirable and I fully support its intent, the working group did not consider the potential impact on other areas of this Bill, including the fact that the Bill refers to the protection process and certain immigration provisions. Following extensive legal advice, I am satisfied the provisions in this Bill both ensure the intent of the recommendations and fulfil the policy of a Government that enabled such a protection to be included in the Constitution, as the Senator mentioned. The Senator’s amendments do not legally satisfy the advices the Government has been given and would have unintended consequences beyond the scope intended, which the Government cannot resolve at this Stage. The Government will continue to explore avenues to reassure all those who rightfully advocate for children’s rights that this Bill will ensure the best interests of the child are a primary consideration in the Irish protection process, ensuring that the best practice that already exists in our process will be embedded in the practices that result from the enactment of this Bill. While the Government was minded to accept this amendment and wished to so do, the advice of the Attorney General was to the contrary. However, the Government will not leave matters there and will work collectively with the Senator and others to ensure it can go some way towards what Senator van Turnhout is trying to achieve at a further Stage of the Bill.

I cannot agree with amendment No. 36. Accompanied children are in the care of an adult who is taking responsibility for their care and protection, while unaccompanied children are in the care of the Child and Family Agency, which has adequate safeguards for the best interests of the child. I cannot agree with amendment No. 39, as it is appropriate that this legislation provide for the taking of such fingerprints, if necessary, under appropriate supervision. Unfortunately, I cannot agree to the proposed amendment No. 49. The appropriate safeguards in this regard already are in place and if there are any doubts with regard to the age of an applicant, the Child and Family Agency is contacted immediately. Members of An Garda Síochána and immigration officers are well trained in this area and can be expected to err on the side of caution in dealing with matters in this regard. Finally, I unfortunately cannot agree with amendment No. 215, as to include a general omnibus provision as suggested would amount to partial incorporation in the State of Article 33(1) of the UN Convention on the Rights of the Child.This would give rise to potentially discriminatory aspects in respect of Article 8 ECHR decision-making.