Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

In all cases, whether it is for children or adults, the test is the potential threats to them of returning them back to a state, either from where they came or to where it is being proposed to return them. If the non-refoulementtest is not passed, which is pretty comprehensive as I have outlined, regardless of whether the person is an adult or a child or in any other category, the point is that this is an absolute test in terms of text; it does not give the Minister an option to use judgment or flexibility. That is why separating children from adults, even though all of us would naturally do that because children are more vulnerable, is not relevant in this case because of the absolute nature of the non-refoulementlaw.

Regarding Senator Bacik's question, non-EEA family members of UK citizens who are exercising free movement currently will have their residency rights protected post 29 March in a no-deal scenario by being transferred into a domestic scheme, which will see them retain similar rights to free movement, including access to the labour market. We can perhaps confirm that in writing to the Senator if there is a particular case she wants to test but that is certainly the intention.