As the Deputy will be aware, the First National Report of Ireland, prepared in 1996, sets out the position on the protection afforded under Irish law to the rights guaranteed by the convention. The first report was prepared by the Department of Foreign Affairs in co-operation with all Government Departments who deal with child-related matters.
In so far as my Department is concerned, a range of legislative measures has already been put in place to facilitate implementation of the United Nations Convention on the Rights of the Child. Legislation in place before publication of the convention included: the Guardianship of Infants Act, 1964; the Family Law (Maintenance of Spouses and Children) Act, 1976; the Age of Majority Act, 1985: the Status of Children Act, 1987; Censorship of Films Acts, 1923-1992; and the Video Recordings Acts, 1989 – 1992, Censorship of Publications Acts, 1929-1967; Criminal Law Evidence Act, 1992; the Judicial Separation and Family Law Reform Act, 1989; and the Child Abduction and Enforcement of Court Orders Act, 1991.
Specific legislative measures implemented after publication of the Convention include the Maintenance Act, 1994, the Family Law Act, 1995, the Domestic Violence Act, 1996, the Family Law (Divorce) Act, 1996, the Children Act, 1997 and the Parental Leave Act, 1998.
In addition section 8(5) of the Refugee Act, 1996 provides for procedures to safeguard the interests of unaccompanied children who arrive in Ireland and may or may not be asylum seekers. Section 18 of the Refugee Act, 1996 provides for family reunification and makes specific provision for children under 18 years of age. Although the above mentioned sections of the Act have not been commenced – along with most of the Act, it must be said – the State seeks to operate to the principle of these sections where possible.
It is my intention to review the Refugee Act this year and I can assure the Deputy that any new or amended refugee legislation will, of course, continue to take into account the provisions of the UN Convention on the Rights of the Child.
The operation of the Parental Leave Act, 1998 also makes a positive contribution to the recognition of the principle of common parental responsibility for children. This legislation, which came into operation on 3 December 1998, gives an entitlement to 14 weeks leave for both parents, in accordance with certain conditions, which is not transferable.