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Dáil Éireann díospóireacht -
Wednesday, 9 May 2001

Vol. 535 No. 5

Priority Questions. - United Nations Conventions.

Austin Currie

Ceist:

47 Mr. Currie asked the Minister of State at the Department of Foreign Affairs the reasons for the failure to comply with Article 44 of the United Nations Convention on the Rights of the Child which required a report on the protection afforded under Irish law to the rights guaranteed in the convention to be presented to the United Nations before 27 October 1999; if he will report on the progress made in relation to the matters of criticism when the last report was discussed in 1998; and if he will make a statement on the matter. [13061/01]

Ireland ratified the UN Convention on the Rights of the Child on 21 September 1992. In accordance with Article 44 of the convention, Ireland is required to present reports to the committee on the rights of the child every five years. These reports must set out details of the protection afforded under Irish law to the rights guaranteed in the convention and detail how fully its provisions are being implemented. Ireland submitted its first national report to the committee in April 1996. That report was considered by the committee in Geneva on 12 and 13 January 1998 and I led the national delegation on that occasion.

The Deputy will be aware of the publication in November 2000 of Ireland's first ever national children's strategy. The strategy provides a co-ordinating framework for the future development of children's policy and services delivery, and identifies clear goals and objectives to be achieved for children over the next ten years. While Ireland's second report to the committee was due on 27 October 1999, it was felt that as work was under way in relation to the preparation of the national children's strategy, submission should await its publication, so that the latest developments could be reflected in the report. Such suggestions can be accommodated within the UN reporting system which has difficulty, due to pressure on resources in examining reports by the due date. The recently established national children's office, which was proposed in the strategy, will be responsible for the drafting of Ireland's second report.

The publication of the strategy represents substantial progress since Ireland last reported to the UN committee. The strategy addresses a number of the principal concerns expressed by the committee on the rights of the child in its concluding observations on Ireland's first report, including the suggestion that Ireland adopt a comprehensive national policy on children. Some of the key measures contained in the strategy which address concerns expressed by the UN committee include: the proposal to establish an office of Ombudsman for children, for which legislation will be brought forward shortly; measures to give children a voice and support their participation; research and information proposals to improve our knowledge about children's lives; new structures to promote better co-ordination and integration in areas which cut across departmental boundaries and to maximise collaboration between Departments, statutory and voluntary agencies and the research community and the elimination of child poverty as a strategy objective.

Tangible opportunities, focused research and specific objectives are being set to meet these goals within the time frame of the strategy.

Another concern voiced by the committee related to the area of juvenile justice. In response to some queries on the age of criminal responsibility, the Children Bill, 1999, which has completed Committee Stage in the Dáil and now awaits Report Stage, has been amended to raise the minimum age from ten to 12 years.

The Government is determined to see through all its commitments in relation to the rights of the child both within the framework of the strategy and by means of any necessary additional measures.

Those are very long answers in such a limited time.

I am aware that the Minister of State represented the Government at the last meeting in Geneva. I have the minutes of the session in Geneva in January 1998 at which the Minister got quite a roasting. Were she to go back now, in view of the lack of progress she has reported in many areas, she would get another roasting. Is this not the reason for the delay of more than 18 months in presenting the report?

I initiated legislation for the appointment of an Ombudsman for children in 1996 but it is still not on the Statute Book. What has become of mandatory reporting, which I opposed but which the Minister of State supported at the hearing in Geneva? Where is the amendment to the Constitution which was promised by the Minister of State? She said the Government intended to "honour the commitment for an amendment of the Constitution to underpin the rights of the child". I quote directly from the Minister of State. What progress has been made in relation to the constitutional amendment? Is this another reason the Minister of State does not wish to go back to Geneva? Promises were made in relation to the Hague convention on inter-country adoptions. We were told a Bill to deal with that matter would be a priority for the child care policy unit. What is the progress in relation to that? When will the Minister of State ensure that sufficient progress has been made to honour our commitments so that she can go back to Geneva without fear of getting an even greater roasting than last time?

I have explained the reason for the delay in completing the second report was that so much progress was being made by the Department of Health and Children in meeting the requirements of the committee at the last hearing.

That is a fig leaf. It is nonsense.

The national children's strategy contains all the mechanisms and strategies to meet many of concerns which were raised.

On the issue of juvenile justice, the Deputy is aware that the age of criminal responsibility has been raised from ten to 12 years.

The Bill has not been passed yet.

It is no wonder the Minister of State got a roasting.

The Bill has completed Committee Stage in the Dáil. The progress of legislation is a matter for the Oireachtas. The Department of Foreign Affairs has a co-ordinating role in the examination of the report by the UN committee. The line Ministers with responsibility for health, education and justice with relevance for the lives and rights of children are responsible for bringing forward the legislation. In due course the human rights unit in the Department of Foreign Affairs will co-ordinate the report but the line Minister, the Minister of State with responsibility for children will report. That will not be me.

The Minister of State is passing the buck.

The Minister has admitted that if she went back to Geneva she would get another roasting. I do not want a Minister from my party to get a roasting when we go back to represent the Government.

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