TDs should not legislate for the detention of children who have done nothing wrong, the Dáil has heard during debate on the controversial International Protection Bill.
The most significant reform of immigration law in the history of the State aims to align domestic law with the EU Migration and Asylum Pact.
During an eight-hour committee debate in the Dáil on Wednesday, Opposition TDs criticised the “rushed” nature of proceedings and said it should have been scrutinised in depth by the Oireachtas Justice Committee.
There was also trenchant criticism of a provision for the detention of children “as a measure of last resort”.
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Social Democrats TD Aidan Farrelly said such a provision should never be a part of legislation and “certainly not” in a rushed Bill.
“We have not thought this Bill through and with that in mind, legislating for the detention of children who have done nothing wrong simply does not seem right,” he said.
However, he said if Minister for Justice Jim O’Callaghan insisted on its inclusion it should include a clear definition of “last resort”, supporting an amendment by Labour justice spokesman Alan Kelly.
Kelly said the legislation should define “measure of last resort” as one that is taken “only after all non-custodial alternatives to detention have been duly considered”. He wanted to ensure “non-custodial alternatives” were enshrined in the Bill.
“We are getting into new territory with this Bill as regards the role of detention,” he said.
The Tipperary TD added: “We need to ensure that we look at all alternatives available to the State in relation to how we treat people once they arrive in our country, the processes we put them through and the places in which we put them.”
However, the Minister said the issue was being presented “in a very emotive way” in the House. “We need to be honest about the provision,” he said. TDs should emphasise as well “that it can only happen in circumstances where it is believed that short detention of no longer than 12 hours is in the best interests of the minor”.
Sinn Féin TD Mark Ward said “we would not be talking about detention if we had a rules-based system that worked and would enable people to be processed quickly and fairly”.
He asked where these children would be held and if it would fall under Child and Family Agency Tusla’s remit.
Solidarity TD Ruth Coppinger said there were things in the Bill that were “in exactly the same trend” as what was happening in the US with Ice (Immigration and Customs Enforcement).
“Detaining children never serves the good of anyone. The Ombudsman for Children has called this legislation a lowering of human rights and asked that there be an explicit prohibition on children being detained. Instead, it is being put in as a possible option.”
The Minister said the way the issue was being discussed “you would think the detention of unaccompanied minors could happen in a haphazard or capricious way, but that is not the case”.
O’Callaghan told TDs that a member of An Garda Síochána or an immigration officer may, in exceptional circumstances and as a measure of last resort, detain a child in the custody of an asylum applicant to verify the child’s identity or nationality.
An officer could make the arrest where they were satisfied “that less coercive alternative measures cannot be applied effectively” and where the garda or officer assesses “that the detention is in the minor’s best interests”.
