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Child Care Act.

Dáil Éireann Debate, Wednesday - 10 November 2004

Wednesday, 10 November 2004

Ceisteanna (179, 180)

Joe Costello

Ceist:

232 Mr. Costello asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Questions Nos. 80, 124 and 138 of 3 November 2004, the circumstances which would amount to a parental failure of duty towards children; if such circumstances have occurred; if so, the number of such occurrences; the way in which State authorities respond in those circumstances; and if he will make a statement on the matter. [28285/04]

Amharc ar fhreagra

Joe Costello

Ceist:

233 Mr. Costello asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Questions Nos. 80, 124 and 138 of 3 November 2004, the number of occasions on which he has given a direction to a parent to bring a child out of Ireland; the grounds for such a direction; if the children in question were born here and are citizens of Ireland; the statutory or other basis in law for the issue of such directions; and if he will make a statement on the matter. [28286/04]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 232 and 233 together.

The failure of duty by parents towards their children in any particular circumstances and the action to be taken in such cases to protect the welfare of the children involved are matters for the relevant health board under the Child Care Act 1991 and not for the Minister for Justice, Equality and Law Reform. Consequently, my Department does not have any statistics on such occurrences and the actions taken in such cases.

Irish born children who are Irish citizens cannot be deported so the question of their involuntary removal from the State does not arise. Notwithstanding the expectation that non-national parents being deported will voluntarily take their Irish born children with them, there are no circumstances in which I can direct such Irish children to leave the State: I have neither the power nor the desire to make such a direction. Further, I will not interfere with a decision arrived at in good faith by a non-national parent being deported who decides to leave the Irish child behind, having made arrangements that the parent considers suitable for the care of the child.

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