THE OMBUDSMAN for Children says the new Immigration, Residence and Protection Bill does not sufficiently take account of the vulnerability of children and the need to give them special assistance and protection.
Emily Logan said this was particularly so in relation to separated children seeking asylum and child victims of trafficking.
She recommended measures be included in the Bill ensuring children's best interests be a primary consideration at all times and in all decisions affecting them and that an appropriately trained, independent guardian be appointed to each separated child to represent those interests. Ms Logan said: "An alternative protection status should be available to children on humanitarian grounds to make sure they are not denied the protection of the State simply because they do not fit the strict criteria for protection laid down in the Bill."
In relation to child trafficking victims, "explicit provision should be made for a longer recovery and reflection period and for temporary residence on humanitarian grounds that is not contingent on their assistance with criminal investigations and proceedings".
When exercising his discretion under the Bill to make regulations on conditions of residence, Ms Logan said the Minister should be required to have regard to the Constitution and Ireland's human rights obligations.