Under section 8(5)(a) of the Refugee Act 1996 where it appears to an immigration officer or an authorised officer of the Office of the Refugee Applications Commissioner that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform the health board in whose func tional area the child is and thereupon the provisions of the Child Care Act 1991 shall apply in relation to the child. Under section 8(5)(b) of the 1996 Act, where it appears to the health board concerned, on the basis of information available to it, that an application for a declaration should be made by or on behalf of the child concerned, the health board shall arrange for the appointment of one of its officers or such other person as it may determine to make an application on behalf of the child.
The number of unaccompanied minors in respect of whom an asylum application was made was 600 in 2001, 288 in 2002 and 228 in 2003 – up to 30 September 2003. I am informed by the Garda authorities that a small number of cases have been reported to the Gardaí where concern arose on the part of the health board in relation to possible exploitation. A number of these cases are currently being investigated. Other cases have been dealt with by the relevant health boards under the provisions of the Child Care Act 1991. I am informed that many of the cases related to attempted family reunification wherein the minor, although claiming to be unaccompanied, had in fact relatives in this State. The general practice in such cases is to reunite the minor with his or her relatives.
One of the core functions of gardaí employed on immigration duties is to take adequate measures aimed at preventing trafficking in general, and, in particular, the trafficking of minors. The gardaí have regular contacts with other statutory agencies concerned with the welfare of children and there is nothing to suggest any particular cause for concern at this time.