International Protection Bill 2026: Committee Stage
Dail Éireann — 2026-02-18
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Gary Gannon (SD), Dublin Central

I move amendment No. 10:
In page 23, between lines 24 and 25, to insert the following:
“(3) (a) In the application and interpretation of this Act, the best interests of the child shall be a primary consideration in all matters affecting a person who is a minor or who is presumed to be a minor.
(b) In determining for the purposes of paragraph (a) what is in the best interests of the child, the following factors shall be taken into account:
(i) the views of the child, having regard to the child’s age and maturity;
(ii) the child’s identity, including their age, gender, sexual orientation, nationality and religion;
(iii) safety, welfare and development needs;
(iv) preservation of family relationships;
(v) any particular vulnerabilities of the child; and
(vi) any other particular circumstances pertaining to the child concerned.”.
In our contributions on the last amendment we discussed, we spent a good bit of time discussing the best interests of the child. It should be understood, however, that nowhere in this Bill are "the best interests of the child" defined. This is an important definition. Without it, it leaves it up to the determination of a person in the future who may have a motive that is different from the Minister's.
This amendment seeks to provide a definition for "the best interests of the child". We suggest inserting the wording of this amendment between lines 24 and 25 on page 23. The best interests of the child are a foundational principle of the United Nations Convention on the Rights of the Child, UNCRC. It is vital to ensuring children's full and effective enjoyment of their rights. Under Article 3 of the UNCRC, Ireland must ensure that the best interests of the child are treated as a primary consideration in all actions affecting children. This obligation is reinforced by Article 3(3) of the Treaty on European Union and Article 24(2) of the Charter of Fundamental Rights of the EU. The application of the best interests principle should be the primary consideration for all sections of the legislation relevant to children. Each legislative instrument sets out explicitly that the best interests of the child must be the primary consideration for the State when implementing the provisions therein that affect children. However, that is not fully reflected in the Bill, so we ask the Minister to include it in the Bill.
Therefore, we are not having a conversation about a discretionary understanding of a child's best interests but a factually based one that can live on for as long as this Bill does.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-02-18/debate/main
Retrieved: 2026-08-14T04:54:39+00:00
Sitting date: 2026-02-18