Dáil Éireann Debate, Tuesday - 17 January 2017
189. Deputy Louise O'Reilly asked the Tánaiste and Minister for Justice and Equality the Garda liaison that is available in situations of potential child abduction, involuntary parental separation from children and other issues; the State bodies that exist to deal with parental concerns relating to the legality of parental separation from children, particularly taking children abroad; and if she will make a statement on the matter. [1547/17]
Amharc ar fhreagraThe Deputy will appreciate that other Government Departments and agencies, such as the Department of Children and Youth Affairs and Tusla, the Child and Family Agency, may have a responsibility in this area, depending on the circumstances of a given case.
Insofar as my own remit is concerned, the International Child Abduction Unit is the Central Authority within the Department of Justice and Equality that provides assistance to parents and guardians of children who have been removed from the jurisdiction without their consent. This unit is a transmitting and receiving agency for applications for the return of children to the jurisdiction under the 1980 Hague Convention on Civil Aspects of International Child Abduction and Council Regulation (EC) No 2201/2003 of 27 November 2003. Applications to establish and/or enforce court orders concerning access rights to children are also dealt with under the aforementioned international instruments. The International Child Abduction Unit can only provide assistance when children have been taken to EU Member States or to countries that are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (1980 Convention). The Department of Foreign Affairs and Trade provide assistance when children are removed to a country that is not party to the 1980 Hague Convention. Parents and guardians who have any concerns regarding the legality of parental separation should seek legal advice without delay.
I have also asked the Garda authorities for information on the relevant measures and procedures which Gardaí may employ in relation to such cases and I will contact the Deputy directly when I have received a full report on the matter.
The following deferred reply was received under Standing Order 42A:
I refer to Parliamentary Question No. 189 of 17 January, 2017 where you asked '....the Garda liaison that is available in situations of potential child abduction, involuntary parental separation from children and other issues; the State bodies that exist to deal with parental concerns in relation to the legality of parental separation from children, particularly taking children abroad'.
As you will recall, additional information was sought from An Garda Síochána and could not be obtained in the time available and I undertook to contact you again when a Garda report was to hand.
I am advised that the role of An Garda Síochána in child abduction cases is, where appropriate, to conduct a criminal investigation into the matter. You will appreciate that it is a matter for the investigating gardaí to decide on the appropriate steps to be taken in relation to the circumstances of each case. I am advised that Garda family liaison officers may be appointed where a Garda investigation is initiated.
However, I am further advised that, the majority of cases coming to the notice of An Garda Síochána concern cases in which the child has already been removed from the jurisdiction. In this regard, the International Child Abduction Unit, which is the Central Authority within my Department, liaises with other jurisdictions in seeking the return of the child. As I outlined in my original reply, the International Child Abduction Unit can only provide assistance when children have been taken to EU Member States or to countries that are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (1980 Convention). The Department of Foreign Affairs and Trade provide assistance when children are removed to a country that is not party to the 1980 Hague Convention.
I hope this information is of assistance.
