Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 224: To ask the Minister for Health and Children her plans to implement the commitment to unaccompanied migrant children in the national children's strategy; and if she will make a statement on the matter. [5772/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The National Children's Strategy, 2000 states that "Unaccompanied children seeking refugee status will be treated in accordance with best international practice, including the provision of a designated social worker and Guardian-Ad-Litem." In line with international best practice, the United Nations Committee on the Rights of the Child General Comment No. 6 on the Treatment of Unaccompanied and Separated Children outside their country of origin (2005) states that countries should appoint a guardian or advisor to the child as soon as the child is identified. The guardian should be consulted and informed regarding all actions to be taken in relation to the child.

Under the Child Care Act, 1991 it is the role of a social worker assigned to any young person to act in their best interests. As such, it is the view of my Office and the Health Service Executive that the social worker assigned to a young person and who accompanies that young person through the asylum process represents the best interests of that young person.

Currently, the appointment of Guardians Ad Litem, under the Child Care Act, 1991, is restricted to children involved in public law court proceedings only. The appointment of a Guardians Ad Litem outside of the court proceedings may impinge on the Health Service Executive's ability to provide an appropriate and expedient solution for the young person in question. In light of the existing role of the social worker in representing and advocating for the best interests of the child, it is the view of my Office that the appointment of a Guardians Ad Litem outside of court proceedings could lead to a duplication of this role and would not represent the best use of available resources for this client group.

The main priority for my Office and the Health Service Executive in relation to separated children seeking asylum is the provision of services to these young people that adequately meet their needs. In meeting their needs my Office and the Health Service Executive must ensure that the residential, foster care and other services meet with the many standards which have been developed in recent years. The HSE have devised a National Operational Policy for separated children. The policy includes the principle that all children in the care of the HSE should receive the same standard of care whether they be separated children seeking asylum or indigenous children in care. The policy also reflects the principle of good practice that younger children under 12 should be placed in foster care. In line with this the Executive is currently progressing plans to move to a more comprehensive model of care for these children. It is recognised that each child should be accommodated in a service that meets all relevant standards as well as providing the necessary security and grounding in the community that is appropriate for their needs. It is understood that the Health Service Executive are developing proposals that will see an end to these children being accommodated in hostels with the provision of care for separated children seeking asylum being provided on a national basis with each child cared for in a registered care placement or equivalent.