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Dáil Éireann debate -
Wednesday, 14 Dec 1988

Vol. 385 No. 7

Ceisteanna—Questions. Oral Answers. - Child Abduction.

54.

asked the Minister for Justice in view of the increasing number of cases where children have been improperly removed from this country and the difficulty of securing adequate solutions to the problems caused by such cases, the measures he intends to take to deal with this problem; if he proposes to take the necessary steps to enable Ireland to ratify the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and Restoration of Custody of Children; and if he will make a statement on the matter.

Two international conventions on the question of child abduction are at present being examined in my Department. They are: (1) the 1980 Hague Convention on the Civil Aspects of International Child Abduction and; (2) the 1980 Council of Europe Convention on Recognition and Enforcement of Decisions Concerning Custody of Children.

Pressure of other work in my Department has meant that the examination of the conventions is still at an early stage and I am not yet in a position to say when I will be submitting proposals to Government in the matter.

I am disappointed to learn that the Minister's Department do not regard this as a matter of urgency. Are they not aware of the hardship involved — especially to children — when there is a struggle between parents and legal custody of a child or children is sought by one of them? I cannot think of anything more ugent in his Department than resolving a problem concerning young children. Will urgent steps be taken to produce the necessary legislation to enable us to ratify this convention? How many countries have ratified both conventions? What co-operation is there at present in relation to problems of this nature where the Garda are involved? Are there built in safeguards and contacts with other police forces in Great Britain and throughout Europe? Are there checks at airports and ferry ports?

As I said, the examination of the convention is at an early stage but even now it is possible to forecast that any legislation to enable ratification will be substantial. I will convey the Deputy's view about the urgency of the matter to the Minister for Justice. There is co-operation on a country to country basis and 15 have signed the European Convention. It has been ratified by nine States, France, Luxembourg, Portugal, Switzerland, Austria, Belgium, Cyprus, Spain and the UK. It has been in force since October 1983. The Hague Convention has been signed by 15 States and nine have ratified it. These are Canada, France, Portugal, Switzerland, Australia, Spain, the UK, the USA and Hungary.

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