Written answers

Wednesday, 7 March 2012

Department of Justice, Equality and Defence

Child Abduction

6:00 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 167: To ask the Minister for Justice and Equality the reason there has been no follow up with Egyptian authorities in relation to the Irish citizen (details supplied) now four and a half years old who was kidnapped from this jurisdiction two and a half years ago; if his attention has been drawn to the fact that this child's uncle is currently serving the remainder of a six year sentence in Portlaoise Prison for the abduction; if his further attention has been drawn to the fact that this child's father is living openly in Tanta, Egypt, with the child; if he is aware that the child's father absconded from Ireland while on bail awaiting proceedings on a charge of rape against him; the steps he proposes to take to have the child returned to Ireland to the legal custody of his mother; if extradition proceedings against the persons for outstanding charges against them, including those of rape and kidnapping, are currently being processed. [12907/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Irish Central Authority for Child Abduction within my Department has not received an application in relation to this matter. The Central Authority operates for the purpose of a number of international and EU instruments relating to child abduction. The purpose of these instruments is to facilitate the return of children who have been wrongfully removed from one contracting state where they are habitually resident to another contracting state. As Egypt is not a contracting state to these international instruments, the Central Authority is not in a position to assist. In such situations, the family involved can seek consular assistance of the Department of Foreign Affairs and I understand that Department has been assisting the family.

The decision to seek the extradition of a person charged with a criminal offence rests with the Director of Public Prosecutions and only arises where the Director has decided that a person should be prosecuted in the first instance. As the Deputy will appreciate, the Director is independent in the exercise of his functions and, as Minister for Justice and Equality, I have no function in deciding whether a person should be charged with an offence or whether a person's extradition should be sought.

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