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Dáil Éireann debate -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Written Answers. - International Agreements.

Ruairí Quinn

Question:

260 Mr. Quinn asked the Minister for Justice, Equality and Law Reform when the Council of Europe 1996 Convention on the Exercise of Children's Rights will be ratified; the specific steps taken towards ratification of the convention since 26 June 1997 to date; and if he will make a statement on the matter. [7075/02]

The question of ratification by the State of this convention is under consideration. I previously indicated to the House, in the course of debate on the Bill which led to the Children Act, 1997, that the Bill contained certain provisions which would facilitate ratification of the convention. The Act is now operational apart from two important sections. These are sections 26, regarding social reports in the District Court, and 28, providing for the appointment of guardian ad litem for a child and provision for separate representation of a child.

Those two sections, which have a bearing on accession to the convention, have financial and staffing implications for certain bodies. This issue has been included in the Government's national children's strategy as part of its action plan.

Ruairí Quinn

Question:

261 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the position regarding the extension of the Brussels Convention to Family Law; the measures in progress in this regard; and if he will make a statement on the matter. [7081/02]

Ruairí Quinn

Question:

262 Mr. Quinn asked the Minister for Justice, Equality and Law Reform when Ireland will ratify the Hague Convention of 1 June 1970 on the recognition of divorces and legal separations; the specific steps taken towards ratification of the Convention since 26 June 1997; and if he will make a statement on the matter. [7089/02]

I propose to take Questions Nos. 261 and 262 together.

As and from 1 March 2002, the Brussels convention on jurisdiction and the enforcement of judgments in civil and commercial matters will be superseded by Council Regulation (EC) No. 44/2001, of 22 December 2000, for all member states with the exception of Denmark. The regulation has the same scope as the convention. In so far as family law is concerned, Council Regulation (EC) No. 1347/2000 of 29 May 2000 came into force on 1 March 2001. It deals with jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. Discussions are ongoing in relation to a proposal for a Council regulation on the mutual enforcement of judgments on rights of access to children and on a proposal for a Council regulation on jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility.

There are no immediate plans to ratify the 1970 Hague Convention.

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