Dáil Éireann Debate, Tuesday - 24 February 2004
446 Ms McManus asked the Minister for Justice, Equality and Law Reform the measures in place to deal with child abduction in this State; if, in view of the need for a quick response in cases of child abduction, consideration has been given to the use of the amber alert system; and if he will make a statement on the matter. [5743/04]
Amharc ar fhreagraAs the Deputy will be aware, as far as abduction of a child from Ireland to another state is concerned, both the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children have been incorporated into Irish law in the Child Abduction and Enforcement of Orders Act 1991. There is a network of central authorities established under the conventions for the purposes of assisting applicants and generally ensuring the effective operation of the conventions and the central authority for child abduction operates in my Department for the purposes of both conventions in this jurisdiction.
The Hague Convention is designed to ensure the immediate return of children who have been removed from one contracting state to another — usually by a parent in defiance of the wishes of the other parent. It is based on the principle that the custody of a child should be decided by courts in the state in which the child habitually resides. The European Convention is designed to ensure that custody and access orders granted in one contracting state are recognised and enforced in other contracting states. Recognition and enforcement disputes usually arise when one parent removes a child from one state to another in defiance of a court order granting custody or access rights to the other parent.
In addition, sections 16 and 17 of the Non-Fatal Offences against the Person Act 1997 prescribe offences applying to the abduction of children under 16 years.
I am familiar with the "amber alert" which the US law enforcement agencies use to engage law enforcement, the media and the public in combating child abduction by sending out immediate, up to the minute information bulletins to aid in the child's safe recovery. It is intended only for the most serious, time-critical cases and is not used for cases involving runaways or parental abduction, except in life-threatening situations.
I am informed by the Garda authorities that they regard the current arrangements and legislative provisions sufficient to deal with child abduction at this time.
