asked the Minister for Justice whether it is intended to ratify The Hague Convention on the Civil Aspects of International Child Abduction; and the steps, if any, the Government are taking in this regard.
Ceisteanna—Questions. Oral Answers. - International Child Abduction.
11.
(Limerick East): The Law Reform Commission have indicated that the legislation necessary to enable this convention to be ratified is under examination by them. The question of ratifying the convention will be considered when the final recommendations of the commission have been received.
May I ask the Minister to expedite dealing with this matter and, in particular, to take steps to arrange for appropriate legislation to be prepared in the light of the increasing number of children who are being kidnapped from countries outside Ireland and brought to this country by parents involved in marital conflicts or situations in which children have been taken into care by the equivalent of our health boards or local authorities in other countries? I ask the Minister to give this issue a degree of urgency.
(Limerick East): First, in their Fourth General Report in 1981, the Law Reform Commission indicates that a draft working paper prepared by them on the subject of child abduction deals with legislation necessary for Ireland to become a party to The Hague Convention. In their Fifth Report of 1982 the commission stated that this draft working paper was before them. The Sixth Report in 1983 did not refer to the matter, but I understand that it is being dealt with by the commission, that work on the draft report is being expedited and that we should have a report fairly shortly.
The problem to which the Deputy has drawn the attention of the House is very real. Children can be taken by one parent from one country to another, usually in defiance of a court order in the first country which has awarded custody of the child or children to the other parent. It is a kind of legal kidnapping, child abduction. The problem arises from the fact that the court in this country assesses the case in the best interests of the child. The return of the child, in accordance with the foreign order which was made, might not necessarily be, in the court's opinion, the best course for the child and the court will not then order the child's return. We need to bring that into line.
Could I bring to the Minister's attention the difficulties at present caused by the absence of any clear legal principles determining how Irish courts decide this issue? Do we have to await the commission's report in this area? I do not see the necessity for this. However, if this is necessary, it is desirable that the report be produced urgently. There is a danger that this country might become a haven for people who wrongfully remove children either from care or from parents in other countries after lawful court orders have been made in relation to the custody of those children. There is an absence of publicity, because all these cases are heard in private, creating the belief that an urgent problem does not exist. The Law Reform Commission have been dealing with the matter since 1981 and could the Minister, through the Attorney General's office, make urgent representations to them to complete their deliberations on this issue?
(Limerick East): A real problem exists, certainly. I am not too sure of its extent and have not statistics or information available to support what the Deputy has said, that this country could become a haven in such cases. Certainly, the matter should be expedited. The convention was signed on behalf of Ireland in May of 1980, with a reservation. I should like the Law Reform Commission report to be available to me at an early date, because this matter does require legislative action.