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Court Judgments.

Dáil Éireann Debate, Thursday - 13 December 2007

Thursday, 13 December 2007

Questions (96)

Joan Burton

Question:

91 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on the High Court judgment in the Mr. G case which gave recognition, for the first time, to the rights of unmarried fathers here under European law; if he envisages the need for changes to Irish law arising from the judgment; and if he will make a statement on the matter. [34523/07]

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Written answers

The High Court Judgment was appealed to the Supreme Court which treated the case as a simple question of fact — had the children been unlawfully retained in the UK while an Irish Court was hearing guardianship proceedings? As the answer to this question was yes, the Supreme Court remitted the proceedings back to the UK where the main proceedings are being heard. The advice available to me is that as far as Irish law is concerned the case has no wider implications. However, as indicated in the House on several occasions in response to Questions, my Department is keeping the operation of the law in this general area under ongoing review.

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