Dáil Éireann debate -
Thursday, 4 Feb 1999

Vol. 499 No. 5

Written Answers. - Rights of the Child.

Róisín Shortall

Question:

43 Ms Shortall asked the Minister for Justice, Equality and Law Reform the implications for his Department of the implementation of the UN Convention on the Rights of the Child; the intentions, if any, he has in this regard; and if he will make a statement on the matter. [3023/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

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.

The Protection of Children (Hague Convention) Bill, 1998, which is currently awaiting Second Stage in Dáil Éireann, will give the force of law in the State to the 1996 Hague Convention on the Protection of Children. That Convention is expressly intended to build on the provisions of the United Nations Convention on the Rights of the Child.

In the context of Article 18 of the Convention, my Department has, in co-operation with the EU, developed a two-year Equal Opportunities Childcare Programme. This programme, which I launched in July 1998, involves expenditure of approximately £6 million and is aimed at developing childcare facilities to assist parents to reconcile family and working responsibilities and focuses particularly on the provision of those facilities in disadvantaged areas.

Yesterday I launched the report of the Expert Working Group on Childcare, which was established under Partnership 2000. An inter-departmental committee, chaired by my Department, is being set up to consider the recommendations of the Expert Working Group on Childcare and other recommendations which have been made in relation to childcare and will report to the Government within six months.

I should also mention that arrangements are in place whereby the Garda Síochána carry out clearance checks in respect of full-time prospective employees in the health care area who would have substantial access to children or vulnerable individuals. These arrangements are implemented by the Garda Síochána in strict adherence to legal advices received in the matter from the Attorney General.

I am arranging for a general policy review of the Garda clearance arrangements which will take into account the recommendations of the report of the Expert Group on Childcare in respect of Garda clearance for candidates for employment in posts involving substantial access to children, whether in the public, private or voluntary sector.

Articles 34 and 35 of the Convention require State parties to protect children against all forms of sexual exploitation and sexual abuse and to prevent the abduction, sale or traffic in children for any purpose. Existing Irish legislation meets our obligations under these articles. However this legislation is kept continually under review and any amending legislation will be brought forward in the usual way. Article 40 deals with aspects of juvenile justice and the Children Bill currently before the House is relevant in this regard.

A revised Equal Status Bill is being developed by my Department. The revised legislation, which is likely to be enacted during 1999, will be a comprehensive measure to tackle discrimination in our society in the non-employment sphere.

A committee to monitor and coordinate the implementation of the recommendations of the task force on the travelling community was established in June 1998. The committee, which is chaired by my Department, includes representa tives of traveller interests, each of the four pillars in Partnership 2000 and relevant Government Departments. It will serve as a forum for consultation on current issues of national importance affecting the traveller community and will draw up and submit to Government periodic progress reports on the implementation of the recommendations of the Task Force.

Measures have also been taken to provide for the best interests of children who are giving evidence in court, most significantly provisions, both legislative and practical, for the giving of evidence by way of a live television link. In addition, a range of information booklets for child witnesses and their parents or guardians have been published. These booklets explain what happens at court and try to allay any fears or apprehensions child witnesses and the parents or guardians might have about the child's attendance at court. Further measures are under consideration in this regard.

The implementation of the UN Convention on the Rights of the Child and the Children Bill, which is currently before the Houses of the Oireachtas will also require a fundamental change in the way children are imprisoned. It will be necessary to segregate such prisoners (i.e. of 16 and 17 years of age) from adults and this will require the provision of dedicated secure detention centres for children.