Written answers
Wednesday, 1 October 2014
Department of Children and Youth Affairs
International Agreements
Mattie McGrath (Tipperary South, Independent)
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92. To ask the Minister for Children and Youth Affairs his views on the propriety of signing and ratifying the 3rd Optional Protocol of the UNCRC without the approval of Dáil Éireann; and if he will make a statement on the matter. [37254/14]
James Reilly (Dublin North, Fine Gael)
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Article 29.5.1 of the Constitution provides that every international agreement to which the State becomes a party shall be laid before Dail Eireann. Article 29.5.2 provides that the State shall not be bound by any international agreement involving a charge upon public funds, unless the terms of the agreement shall have been approved by Dail Eireann. As the terms of the Optional Protocol to the United Nations Convention on the Rights of the Child do not involve a charge upon public funds, the applicable Constitutional requirement is that of Article 29.5.1 to the effect that the agreement shall be laid before Dail Eireann.
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