Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Questions— 14 February 2012. Written Answers
make a decision regarding the banning corporal punishment in the home; and if she will make
a statement on the matter. [8072/12]
Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Section 246 of the
Children’s Act 2001 provides very clear legal deterrents to the use of excessive physical discipline
within the home setting or otherwise:
246.—(1) It shall be an offence for any person who has custody, charge or care of a child
wilfully to assault, ill-treat,neglect, abandon or expose the child, or cause or procure the child
to be assaulted, ill treated, neglected, abandoned or exposed, in a manner likely to cause
unnecessary suffering or injury to the child’s health or seriously to affect his or her well-being.
A common law defence or reasonable chastisement does not apply but this has not prevented
the Irish courts from handing down severe sentences in cases where parents have been accused
and convicted of assault or use of excessive force.
It is important to note the valuable research emerging on this topic in Ireland. Recent
research from the longitudinal study of children in Ireland shows that the great majority of
parents do not use smacking as a form of discipline. The most frequently used method of
discipline was “discussing/explaining why the behaviour was wrong and this discipline strategy
was used by almost ninety percent of mothers (88%). Less than one percent (0.5%) of mothers
reporting smacking their children “regularly or always”.
The priority is to reinforce this trend and provide positive support and encouragement to
good parenting. There are a range of valuable parenting programmes and support services for
families throughout the country.
Asylum Applications
98. Deputy Denis Naughten asked the Minister for Children and Youth Affairs the progress
made to date on addressing concerns relating to the care of unaccompanied minors claiming
asylum; and if she will make a statement on the matter. [7851/12]
105. Deputy Pearse Doherty asked the Minister for Children and Youth Affairs if she has
met with the Department of Justice and Equality to discuss the issue of the transfer of minors
seeking asylum to adult services and the impact it has on the continuity of their education; and
if she will make a statement on the matter. [8073/12]
Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I propose to take
Questions Nos. 98 and 105 together.
Under the Child Care Act 1991, the Health Service Executive (HSE) is responsible for the
care and protection of separated children seeking asylum until they reach 18 years of age. The
immediate and ongoing needs of separated children seeking asylum (SCSA) as well as their
application for refugee status are the responsibility of the Health Service Executive (HSE) in
accordance with the Child Care Act, 1991 and the Refugee Act, 1996 (as amended). Where
children are identified by An Garda Síochána, at the point of entry, the circumstances are
investigated and if there are any concerns about the welfare of the child, they are placed into
the care of the HSE.
The Implementation Plan on the Report of the Commission to Inquire into Child Abuse,
2009, contained a commitment that the HSE would end the use of separately run hostels for
separated children seeking asylum and accommodate children in mainstream care, on a par
with other children in the care system. In accordance with this commitment, the HSE phased
out hostel type care for separated children seeking asylum and since January 2011, hostels have
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