Clare Daly (Dublin North, United Left)
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191. To ask the Minister for Justice and Equality her views on the implications and impact of returning children to another country within the European Union under the Hague Convention, where the child involved has informed the appropriate authorities within the State of abuse by a parent in the other country, and where it was not acted upon in that country, and the implications and guarantees for an Irish citizen whose child is involved. [24476/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The taking of a child from his or her habitual residence without appropriate permission is dealt with through international and EU law. The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for the return of children who have been removed from one contracting state to another - usually by a parent against the wishes of the other parent. The European Council Regulation (2201/2003) reflects the Convention as regards EU countries and enhances the provisions of the 1980 Convention. As the Deputy knows there are provisions under the Convention which are reflected in the EU Regulation and provides for the non return of a child. Under Article 13 of the 1980 Hague Convention, the Court is not bound to order the return of a child to the other jurisdiction in some circumstances, e.g. where the Court decides there is a grave risk that the child's return would expose him or her to physical or psychological harm or otherwise place that child in an intolerable situation.

A decision in relation to whether a child is returned to their habitual residence is thus a matter for the relevant judicial authority in the jurisdiction in which the child is now living and an appeal process is available when the court issues its decision in such cases.

Clare Daly (Dublin North, United Left)
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192. To ask the Minister for Justice and Equality her views on the Brussels II Regulation which expressly allows for children not to be returned if the investigations have not been accurate or complete with this State. [24478/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Decisions to return a child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction and, within the EU, the Brussels II Regulation are matters for the relevant judicial authority in the jurisdiction where the child has been taken to. It is a matter for such judicial authorities to consider whether or not to return a child to Ireland given the specific circumstances. The Regulation reflects and enhances the provisions of Article 13 of the 1980 Convention which provides that a non return order may arise where a Court decides that there is a grave risk that the child's return would expose the child to physical or psychological harm or otherwise place that child in an intolerable situation. When a decision is taken not to return a child, such decisions may be appealed and the Regulation sets out a procedure to be followed in that regard.

The Central Authority for International Child Abduction which is part of my Department is, under the Regulation, the authority which deals with communications with equivalent central authorities in foreign jurisdictions, including communications in relation to non-return matters, and notifies the Irish High Court, in accordance with the Regulation, where a foreign court has declined to return a child to Ireland.

The Minister has no role in the judicial systems in this or other countries party to the 1980 Convention and Brussels II Regulation.