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Dáil Éireann debate -
Tuesday, 24 Jun 1980

Vol. 322 No. 9

Ceisteanna—Questions. Oral Answers. - Custody of Childeren.

18.

asked the Minister for Justice if he will outline the provisions of the European Convention for the Protection of the Right of Custody of Children; and when it is proposed to ratify same.

19.

asked the Minister for Justice if Ireland signed the convention on the recognition and enforcement of decisions concerning custody of children and on the restoration of custody of children; and, if not, why.

With the permission of the Ceann Comhairle, I propose to take Question Nos. 18 and 19 together.

The European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children was signed by me, subject to ratification, on behalf of the State at the Conference of European Ministers of Justice which took place in Luxembourg on 20-21 May 1980. The convention, in fact, has 30 articles, most of them with two or three paragraphs, and I am unable to agree that it would be a function of mine to outline, in reply to a parliamentary question, the provisions of such a document, prepared and published under the auspices of the Council of Europe, unless perhaps I were asking the Dáil to take some action on it which, in fact, I am not at this stage. The formal position is that copies are obtainable from the Directorate of Legal Affairs of the Council of Europe but I am prepared, informally, to let Deputy O'Keeffe and Deputy Keating have a copy from my own stock if they contact my office. Alternatively, while it is not a document of a kind that is formally deposited in the Library, I assume that, if there is any demand for it, it is open to the Librarian to get copies.

When is it proposed to actually get full ratification of this important convention regarding child custody?

I am sorry. There was another sentence in the reply to the original question: I cannot at this stage indicate any date with reference to the ratification of the convention, which I believe would require legislation.

Would the Minister be agreeable to giving this convention every possible consideration in terms of priority?

I am quite prepared to do that.

Question No. 20 is for written reply.

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