Vol. 488 No. 2
28 Mr. Sargent asked the Minister for Health and Children the way in which he will respond to the inconsistency that exists between the United Nations Convention on the Rights of the Child, as ratified by the Irish Government on 22 October 1992 and Article 41.1.1 of Bunreacht na hÉireann, which recognises the family as the primary and fundamental unit of society. [4318/98]
44 Mr. Spring asked the Minister for Health and Children the steps, if any, he will take to create a wider awareness and understanding of the principles and provisions of the UN Convention on the Rights of the Child, as recommended by the UN Committee on the Rights of the Child; and if he will make a statement on the matter. [5800/98]
78 Mr. O'Shea asked the Minister for Health and Children the steps, if any, he will take to ensure that the UN Convention on the Rights of the Child is fully incorporated into domestic law; and if he will provide a timescale in this regard. [5801/98]
I propose to take Questions Nos. 28, 44 and 78 together.
In regard to a possible inconsistency between Bunreacht na hEireann and the UN Convention on the Rights of the Child, Deputies should note that in giving consideration to ratifying any convention, one of the issues examined by the Office of the Attorney General and by the Government Departments involved is the compatibility of the convention which it is proposed to ratify both with the Constitution and with existing Irish law. This examination was carried out in the case of the UN Convention on the Rights of the Child and no inconsistency was identified.
As was pointed out by the Minister of State, Deputy O'Donnell, who led the Irish delegation at the UN Committee on the Rights of the Child hearing, apart from the unenumerated personal rights of the child which are constitutionally protected, children share the general constitutional rights of adults.
In regard to the full incorporation of the Convention on the Rights of the Child into Irish law, I would make the point that the Child Care Act, 1991 is the main statutory basis for our existing child care system. This Act was drafted when the UN Convention was being developed and it is fully compatible with the convention. I am not satisfied that any major revision of our existing legislation is required as a result of the UN Committee hearing but this issue is being examined at present.
As I said in response to Deputy Shortall's priority question on the UN convention the observations of the UN Committee on the Rights of the Child in regard to Ireland's implementation of the UN Convention on the Rights of the Child are being considered in my Department at present.
Issues relating to publicising the convention will be considered in the context of this examination. In addition, and in accordance with a commitment given by the Minister of State, Deputy O'Donnell, who led the Irish delegation at this hearing, a Dáil debate will be held on the issue.
Documentation relating to the hearing will be made available and arrangements are also being made to conduct a joint publicity campaign in conjunction with the Children's Rights Alliance to publicise the provisions of the convention.
