Written answers

Tuesday, 6 November 2012

Department of Justice and Equality

Missing Children

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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To ask the Minister for Justice and Equality in view of the recent abduction and disappearance of children in other jurisdictions, if additional legislation, powers or resources are required to be given to the relevant authorities; and if he will make a statement on the matter. [47950/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I can advise the Deputy that An Garda Síochána has put in place Child Rescue Ireland (CRI) Alert, to enable the Gardaí seek the assistance of members of the public in circumstances where a child has been abducted and there is a reasonable belief that there is an immediate and serious risk to the health or welfare of a child. The system was launched by myself and the Garda Commissioner on 25 May, 2012, International Missing Children Day.

CRI Alerts may be initiated by an Assistant Commissioner of An Garda Síochána when the following criteria are met: 1. The child is under the age of eighteen years; 2. There is a reasonable belief that the child has been abducted; 3. There is a reasonable belief that there is an immediate and serious risk to the health or welfare of a child; and 4. There is sufficient information available to enable the public to assist An Garda Síochána in locating the child.

The Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice in all high risk missing persons cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and investigations are carried out in line with best international practice. The services of Interpol and Europol can also be availed of during such investigations, if necessary.

The relevant legislation relating to abduction in this State is to be found in the Non-Fatal Offences Against the Person Act 1997. Section 16 of the Act provides for an offence of abduction of a child by a parent where it is an offence for a person to take, send or keep a child under the age of 16 years out of the State or cause a child to be so taken in defiance of a court order or without the consent of each person who is a parent, guardian or a person granted custody of the child by a court unless a court has consented. This section does not apply to a parent who is not a guardian of the child. Section 17 of the Act provides for an offence of abduction of a child by other persons, where a person other than a person to whom section 16 applies, to intentionally take or detain a child under 16 years of age or cause such a child to be taken or detained, in order to remove the child from, or keep the child out of, the lawful control of any person having such control. The legislation in this regard is being kept under ongoing review.

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