Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I move amendment No. 23:

In page 71, line 21, to delete "3A. A person" and substitute "3A. (1) A person".

I alert the Minister and colleagues to the fact that I am likely to push this amendment to a vote.

Amendments Nos. 23 and 24 take a further set of grounds into consideration, in addition to those set out, to include inhuman and degrading treatment. The amendments are necessary and in line with developments in the past seven or eight years in the major conventions, including the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Elimination of all Forms of Discrimination against Women, and statements by the United Nations. These matters were not previously necessarily part of standard jurisprudence. They are emerging areas, with which I am not sure domestic legislation has kept pace. We should, therefore, make the amendments. That is the rationale for pressing them.

Amendment No. 25 proposes heightened consideration. We already give heightened consideration to people in different circumstances. We inserted a provision providing for heightened consideration for children into the Constitution. In many respects, we give heightened consideration to people in vulnerable circumstances, including people with disabilities. We apply that standard, depending on people's particular and individual circumstances and it is entirely appropriate that we do so. If we are to send a child out of Ireland who has not qualified under the non-refoulementtest, it is entirely appropriate to give heightened consideration to the case and consider it very seriously before sending the child back to what may be an extremely hostile environment. There is nothing unreasonable or inconsistent about requiring heightened consideration where a child is involved based on his or her best interests.