Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 122: To ask the Minister for Justice, Equality and Law Reform the discussions he has had with the Health Service Executive on the provision of accommodation for separated migrant children seeking asylum; and if he will make a statement on the matter. [40179/09]

Dermot Ahern (Louth, Fianna Fail)
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Responsibility for the provision of accommodation for separated children seeking asylum (SCSAs) falls to the Health Services Executive (HSE). Section 8(5)(a) of the Refugee Act 1996 (as amended) provides that, where it appears to an immigration officer or an authorised officer that a child under the age of 18 years who has arrived in the State and is not in the custody of any person, that child must, as soon as is practicable be referred to the Health Service Executive (HSE) and thereupon the provisions of the Child Care Act, 1991 apply to the child.

There are regular contacts between my Department and the HSE on a wide range of matters of common interest. For example, there are regular discussions on practical matters relating to the transfer of those 'aged out' SCSAs - i.e. who have reached the age of 18 - from HSE accommodation to accommodation for which the Reception and Integration Agency (RIA) of my Department is responsible.