Dáil Éireann Debate, Wednesday - 13 February 2019
56. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs the preparations she has made for children in care orders in the UK in the event of a no-deal Brexit; her views on whether there will be difficulties in general with care orders when the UK withdraws from the EU; and if she will make a statement on the matter. [7029/19]
Amharc ar fhreagraUnder the Child Care Act 1991 (as amended), the making, varying and termination of care orders is a matter for the Irish district courts. Brexit will have no foreseeable impact in this regard.
Children who are in the care of the State may be placed in other jurisdictions, including the United Kingdom, for considerations which can include the need for specific therapeutic or other interventions which can only be provided in specific settings due to the level of specialised care and support required.
Council Regulation No. 2201/2003 (the Brussels II bis Regulation) provides a framework for information sharing in relation to such placements between member states. Tusla is liaising with the Department of Justice and Equality in relation to the impact of Brexit on relevant applications under domestic and international instruments. It will also continue to engage with my Department, and other Government Departments, as required, to ensure that it is in position to establish appropriate procedures to be followed under national law and international conventions in the event that the United Kingdom should cease to be party to this Regulation.
It is important to note that issues pertaining to Brussels II bis are primarily matters for the Department of Justice and Equality and as such will be considered in conjunction with colleagues from that Department as part of the wider negotiating process.
I can assure the Deputy that I will continue to work closely with colleagues across Government to protect the rights of children and to address the challenges resulting from Brexit.
