Dáil Éireann debate -
Tuesday, 31 Jan 1995

Vol. 448 No. 3

Written Answers. - UN Convention on the Rights of the Child.

Michael McDowell

Question:

32 Mr. M. McDowell asked the Minister for Equality and Law Reform if his attention has been drawn to the fact that, in spite of its ratification by Ireland in 1992, the UN Convention on the Rights of the Child has not been implemented; and if he will ensure that this situation will be addressed. [2003/95]

Minister for Equality and Law Reform (Mr. Taylor)

The United Nations Convention on the Rights of the Child was ratified by Ireland on 28 September 1992, and entered into force for the State on 28 October 1992. The Convention codifies and develope international norms applicable to children, and reflects a broad consensus on the obligations of families, society and the international community towards children. The Convention was ratified on the basis that there were no changes in domestic law necessary to permit Ireland to ratify it.

The Convention was signed, subject to ratification, by Ireland in 1990. Prior to ratification the then Government undertook an examination of legislative and other steps necessary to enable Ireland to become a party to the Convention. That examination involved a number of Departments and it concerned mainly the Departments of Justice, Health, Social Welfare and Education. Two main items in the civil law area, for which my Department now has responsibility, were identified by the Department of Justice as requiring initiatives to facilitate certain objectives of the Convention.

Article 11 of the Convention requires States to take measures to combat the illicit transfer and non-return of children abroad and to that end to promote the conclusion of bi-lateral and multilateral agreements or accession to existing agreements. Ireland was in a position to fully comply with that Article when legislation which was promoted in 1991 — the Child Abduction and Enforcement of Custody Orders Act — enabled the State to ratify the Council of Europe Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children, and the Hague Convention on the Civil Aspects of International Child Abduction. Those Conventions came into force for Ireland on 1 October 1991.

Article 27, paragraph 4 of the Convention requires States to take all appropriate measures to secure the recovery of maintenance for the child from persons having financial responsibility for the child both within the State and from abroad. It also requires States to promote the accession to, and the conclusion of, international agreements for the recovery of maintenance where the person having financial responsibility is in a state different from that of the child. A range of measures have existed for some time to enable the State to comply with this Article of the Convention. However, I am glad to say that our position has been strengthened somewhat by the Maintenance Act, 1994, which I promoted last year and which enables the State to ratify European Union and New York Conventions which are aimed at assisting persons to recover maintenance from persons abroad. The Department of Foreign Affairs is now making arrangements to have those two Conventions ratified.

The Family Law Bill, 1994, which is before the House on Report Stage, also has provisions which help to accord with the principles and spirit of the Convention. The relevant provisions in that Bill are those in relation to a new age of marriage of 18 years, notice of marriage and the strengthening of the courts' powers to order maintenance in support of children.

It is up to each state to adopt whatever measures it considers necessary or advisable to implement the Convention. In that context our position in relation to the Convention can, of course, be strengthened even further.

My Department is engaged in a wide programme of reform of family law and administrative measures and when that programme is completed it will have the effect of extending the measures which help Ireland to comply with the objectives of the Convention.