International Protection Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-03-19
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Laura Harmon (LAB), Industrial and Commercial Panel

I move amendment No. 21:
In page 23, between lines 26 and 27, to insert the following:
“(2) (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 subsection (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.”.
Amendment No. 21 would include the best interests of the child as a primary consideration in the application of the Act's provisions by inserting a definition into the interpretation section. Nowhere in this Bill is the concept of the best interests of the child defined. It is referred to several times, including in the limitations being put in place regarding the detention of children, but it is left vague as to what that will actually mean. It needs to be defined as this amendment seeks to do. The principle of the best interests of the child is at the heart of the United Nations Convention on the Rights of the Child. Under Article 3 of the latter, we must ensure that the interests of the child are treated as a primary consideration in every action affecting children. EU law also makes this clear. The best interests principle should be the primary consideration for every aspect of this Bill that deals with children. That is why this amendment is necessary - to define on the face of the Bill the principle that must run throughout it in dealing with children. This needs to be defined.
We cannot leave this loose. We already had a discussion on previous amendments on how we are moving into new territory with regard to detaining children. It is never good when children are being detained. It is not acceptable. However, we also need to have a definition regarding what we are doing to include the best interests of the child as a primary consideration in the application of the Bill's provision by inserting a definition into the interpretation section in order that it will run throughout the Bill. Ultimately, the best interests of the child should be the defining statement of how we pursue this legislation from here on in. We cannot allow it to be loosely understood. We cannot allow it to be undefined. It is vital that the Government accepts this amendment.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-19/debate/main
Retrieved: 2026-08-14T04:54:45+00:00
Sitting date: 2026-03-19