Dáil debates

Thursday, 14 July 2011

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages

 

12:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I move amendment No. 9:

In page 8, line 35, to delete "detention" and substitute "placement".

This amendment is representative only, because the requirement would be to amend the reference to the word "detention" no less than 70 times throughout the Bill. I remember that point being made by Deputy Jan O'Sullivan here on 18 January; she had gone to the trouble of counting the number of times the word appeared. Rather than putting in a large number of amendments to achieve this, I am asking that the principle be accepted.

It is important that we recognise what the word "detention" represents to people. If we talk about a child being placed in detention or about detaining a child, there is clearly a broad understanding that this is consequent on some illegal act or misdemeanour on the part of the child. There is a criminal undertone, a suggestion of wrongdoing. That is not what we are dealing with in this provision. We have exercised this argument since January. Then, the consensus between the Fine Gael, Labour and Sinn Féin Members and the non-governmental organisations which had engaged with us about this legislation was that the word "placement" was preferable. Not only did it have the negative connotations that I have already explained but it was more accurate, fitting and child-friendly.

These amendments have not just landed on the Minister. She can call on a wealth of experience in this regard and she has already raced a considerable part of this track. Back in January, we got to an advanced point with this and other amendments. This issue has been well rehearsed and discussed. There was great disappointment, subsequently, when the proposal was not accepted by the then Minister of State, Barry Andrews. At the time, he agreed with the Opposition that the use of language had an impact and it was important to pay due regard to it.

Rather than citing from the contributions on Report Stage on 18 January, I appeal to the Minister to accept this sensible proposition and amend the remaining offensive references to children in these circumstances as detainees. I hope under this Government that they will not be viewed as such.

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