Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 182: To ask the Minister for Justice, Equality and Law Reform the reason Ireland's second report to the UN Committee on the Rights of the Child refers to the administrative procedures in place for family reunification for migrants not covered under the Refugee Act 1996 but does not identify, or address, the implementation of said procedures; his views that the Government's policy of denying visas to the minor children of parents granted leave to remain violates Articles 9 and 10 of the UN Convention on the Rights of the Child; and if he will make a statement on the matter. [37361/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy will be aware that at present there is no specific legislation governing family reunification for migrants who are not refugees. There are a set of administrative procedures in place for non-refugees, which are reviewed on an ongoing basis by my Department. The report to the UN committee on the rights of the child states that the overall objective of these procedures is to facilitate family reunion where appropriate. The Deputy will also be aware that the forthcoming Immigration and Residence Bill will provide a specific statutory base for family reunification for migrants.

With regard to family reunification for parents granted leave to remain, I am of the strong view that the policy pursued by my Department is not only justified but essential. It is not in breach of the UN convention. It must be borne in mind that family reunification for certain categories of persons granted leave to remain can be achieved by the departure of the family members from the State to rejoin the other family members who are abroad in the country of origin or of habitual residence. Public policy considerations justify any difference of general approach which may occur in these cases as against others.