626. Under the Irish Constitution, primary education is provided free to all children, with educational initiatives at this level being given utmost support. In addition, attendance at school is compulsory for all children aged 6-16 years living in Ireland under the Education (Welfare) Act, 2000.

69. The School Attendance Act, 1926 and its amendments require children to attend school between the ages of 6 and 15 years. A review of the School Attendance Act which will, in particular, raise the minimum school- leaving age to 16 years in line with the provisions of the White Paper on Education is currently under way.

 

230. […] The Protection of Young Persons (Employment) Act, 1996 provides that employers may not employ those aged under 16 (a child) in a regular full-time job. The Act consolidates the law on young workers and gives effect to international rules on protecting young workers drawn up by the International Labour Organisation (ILO) and the European Union (EU). The law is designed to protect the health of young workers and to ensure that work during the school years does not put a young person’s education at risk. The law sets minimum age limits for employment, sets rest intervals and maximum working hours, and prohibits the employment of under-18s on late-night work. Employers must keep specified records for workers who are under 18 […] Employers may employ 14 and 15 year-olds on light work: during the school holidays; part-time during the school term (over 15 years only); or as part of an approved work experience or educational programme, where the work is not harmful to their safety, health or development.

70. The employment of children under the school-leaving age is generally prohibited. An exception is made where he/she is a full-time student at an institute of secondary education and is participating in a work experience course or other similar educational course arranged or approved by the Minister for Education.

However, a child of 14 years but under the school leaving age of 15 years, may be permitted to do light, non- industrial, work during the school holidays. Where a 14-year-old child is employed in these limited circumstances it is only permitted on work which is not harmful to health or normal development and does not interfere with the child's schooling. Before employing a child aged 14 to 15 years, the employer must obtain written permission from the child's parent or guardian. The Protection of Young Persons (Employment) Bill, 1996, proposes to raise the legal full-time working age from 15 to 16.

 

223. As set out in Ireland’s First Report (1996), for persons ordinarily resident in the Irish State, the minimum age at which one may marry is 18 years (unless a Court Exemption Order has been obtained).

73. The current minimum age for marriage is 16 years. The High Court may grant exemption from this requirement. Under section 1 of the Marriages Act, 1972 a marriage involving a party under 16 years which had not received the requisite court approval would be void. Those under 21 years who wish to marry are, with certain exceptions, legally obliged to obtain the consent of parents or, where appropriate, guardians. The Family Law Act, 1995, increases the minimum age of marriage to 18 years and removes any requirement for parental consent. It also provides for a minimum period of notice of marriage of three months. There is provision for exemption by court order of the notice requirement to meet situations where the inflexible application of the requirement would be unfair.

 

235. In its concluding observations on Ireland’s First Report (1996), the UN Committee expressed concern at the various low age limits set in the domestic legislation of the State Party. Part 5 of the Children Act, 2001 provides for the raising of the age of criminal responsibility from 7 to 12 years. This Part of the Act has not yet commenced.

76. There is a conclusive presumption in Irish law that a child under 7 years is incapable of committing an offence. There is a rebuttable presumption that a child between 7 and 14 years is incapable of committing an offence, i.e. it must be proved not only that the child committed the offence but that he or she knew that it was wrong. These ages are being reviewed in the context of the examination of the juvenile justice system currently taking place.