Barry Heneghan (Dublin Bay North, Independent)
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86. To ask the Minister for Foreign Affairs and Trade in relation to Ireland ratifying the UNCRC Second Optional Protocol, the reason the State must be able to meet the obligations it assumes from the moment that international agreement enters into force in Ireland; the reason for the discrepancy between this agreement and the Istanbul Convention, which Ireland ratified, yet, where the State remains unable to meet the required level of women’s refuge spaces years after ratification; to set out in layman’s language how these international agreements appear to involve different criteria for the State in meeting its obligations; and if she will make a statement on the matter. [68353/25]

Helen McEntee (Meath East, Fine Gael)
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Ireland signed the Second Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2000, and the Government is committed to taking the further step of ratifying it as soon as possible. Ratifying the Protocol will mean that its provisions will enter into force for Ireland.

Once a treaty enters into force for a state party, its provisions become legally binding on that state party. Accordingly, Ireland must be ready to comply with any legally binding obligations from the date of entry into force otherwise it will risk being in violation of that treaty.

It was established that a number of significant pieces of legislation had to be passed to ensure that Ireland can fulfil its obligations under the Optional Protocol.

Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Second Optional Protocol. The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 (number 28 of 2024) was signed into law on 17 July 2024, which amends the Sexual Offences (Jurisdiction) Act 1996 and the Criminal Justice (Mutual Assistance) Act 2008; and provides for related matters, for the purposes of giving effect to the Second Optional Protocol. Ireland is almost ready to ratify the Second Optional Protocol following the introduction of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024.

The Department of Children, Disability and Equality is working closely with the Attorney General's Office toward completing all final necessary steps to allow Ireland to ratify the Second Optional Protocol.

I refer the Deputy to the Minister for Justice, Home Affairs and Migration on specific questions regarding the Istanbul Convention and refuge spaces.