LDA y otras normas que regulan la materia

The 2015 Act is the primary legislation in Ireland that governs the international protection process and assigns responsibility to Tusla for unaccompanied minors seeking international protection. Section 14(1) of the 2015 Act states that

[w]here it appears to an officer [of the Minister or an immigration officer] … that a person seeking to make an application for international protection, or who is the subject of a preliminary interview, has not attained the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall … notify the Child and Family Agency of that fact.

Pursuant to section 14(2) of the 2015 Act, once an unaccompanied minor is referred to Tusla,124 _{the Child Care Acts 1991 to 2013, Child and Family Agency Act}

123 _{International Protection Act 2015, s 14(2).}

2013 and other legislation relating to the care and welfare of children apply. The European Communities (Reception Conditions) Regulations 2018 (2018 Regulations), which were adopted following the government’s opt-in to the EU Reception Conditions Directive,125 _{set out further guidelines in respect of} unaccompanied minors seeking international protection. The 2018 Regulations state that Tusla must represent and assist the unaccompanied minor in international protection procedures with a view to ensuring the best interests of the child.

Legislation does not explicitly provide for responsibility in respect of unaccompanied minors who do not seek international protection. Child care legislation provides general guidance on the role of Tusla in relation to children in need of care and protection. The Child Care Act 1991, as amended (1991 Act), states that Tusla must promote the welfare of children who are not receiving adequate care and protection,126 _{and sets out Tusla’s duty to take children into its} care where it appears that a child is in need of care and protection.127

Children seeking international protection and in care are recognised in the National Policy Framework for Children and Young People 2014–2020 as being at particular risk and in need of additional support and protection (DCYA, 2014). As part of the Policy Framework, the government has committed to promoting the protection and welfare of all refugee children and children in the international protection system (DCYA, 2014). In addition, national child protection policy states that particular attention should be paid to the welfare and protection of children who are separated from their parents, as well as to child victims of trafficking (DCYA, 2011). A revised National Aftercare Policy was introduced in September 2017 outlining the procedure in relation to aftercare planning for eligible children leaving care at the age of 18, in which unaccompanied minors leaving care are identified as requiring special consideration (Tusla, 2017b) (discussed further in Section 4.4).

Following the establishment of the Calais Special Project, the Minister for Children and Youth Affairs announced the expansion of Tusla’s capacity to meet the needs of unaccompanied minors, including resources of €2.4 million.128 _{Since the} commencement of the Calais Special Project, the number of residential units specifically for unaccompanied minors has increased from four to seven.129 _The capacities of the SWTSCSA have also expanded, to include six aftercare workers

125 _{S.I. No. 230 of 2018, European Communities (Reception Conditions) Regulations 2018.} 126 _{Child Care Act 1991, s 3(1).}

127 _{Ibid., ss 4–5, 13, 16-18.}

128 _{Dáil Éireann 2 November 2016, Calais Migrant Camp: Statements, oireachtasdebates.oireachtas.ie.} 129 _{Parliamentary Question 4 July 2017 [30782/17], oireachtasdebates.oireachtas.ie.}

and a social care worker, who provide support in addition to that provided by the unaccompanied minor’s social worker in order to address additional needs as they arise.130

The SWTSCSA reported in 2017 that the team comprises one principal social worker, four social work team leaders (in the areas of aftercare, children in care, duty and fostering), six aftercare workers, five social workers, one fostering social worker and administrative support.131

4.1.1 Future plans

The Irish Refugee Protection Programme (IRPP) noted that difficulties were encountered in identifying additional unaccompanied minors that met the terms of the government decision on Calais and the EU relocation schemes in Greece and Italy.132 _{The government is continuing to explore the relocation of additional} unaccompanied minors from Greece and Italy in 2018, in order to meet commitments under the IRPP.133 _{The SWTSCSA reported that, in addition to the} arrival of the remaining unaccompanied minors under the Calais Special Project and the relocation of four unaccompanied minors from Malta in 2018, it aims to accept 16 more unaccompanied minors from Greece and Italy by the end of 2018.134 _{The SWTSCSA stated that it is prioritising female unaccompanied minors} and unaccompanied minors aged 16 and under to ensure the minors’ eligibility for aftercare.135

Tusla’s Corporate Plan 2018–2020 states that Tusla plans to work with the Department of Justice and Equality and other stakeholders to increase its capacity by 40 unaccompanied minors per year (Tusla, 2018a). Tusla also stated it intends to establish an Action Plan with relevant government departments to receive further unaccompanied minors under the IRPP (Tusla, 2018b). In May 2018, the Department of Justice and Equality indicated its intention to relocate up to 60 unaccompanied minors from Italy and Greece before the end of 2019.136

130 _{Interview with SWTSCSA, January 2018.}

131 _{SWTSCSA, Presentation: ‘Aftercare Service for Separated Children Ireland’, 15 September 2017, available at} https://www.grkom.se/download/18.63fdd0a015e72a7f709e7dfa/1505386814987/KERETA+Aftercare+Presentation +G%C3%96TEBORGSREGIONENS+%28002%29+%5BKompatibilitetsl%C3%A4ge%5D.pdf.

132 _{Interview with IRPP, February 2018.} 133 _Ibid.

134 _{Interview with SWTSCSA, October 2018.} 135 _Ibid.