Dáil debates

Thursday, 14 July 2011

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

 

12:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)

I understand how difficult it is for the Minister to deal with this matter, particularly as hers is a new portfolio. As stated earlier, I completely accept her bona fides.

Like Deputy Ó Caoláin, I am of the view that the word "detention" brings to mind the wrong connotations. As the Deputy stated, the majority of people outside the House would regard detention as being similar to imprisonment. The Minister obtained legal advice in respect of this matter. As everyone is aware, one can obtain legal advice from many sources. I intend no criticism of any persons who have held the office of Attorney General when I say this, but it is possible to obtain legal advice of a certain nature on one occasion and then at a later date the person offering it might put forward a different point of view.

This is an extremely sensitive matter. I am of the view that consideration should be given to changing the terminology used in the Bill in order to make it more user-friendly and get rid of the negative connotations attaching to the fewer than 20 people to which this provision relates. We are all aware of individuals who had to be detained or taken into care, sometimes for their own safety or else for that of their foster parents or members of the general public. We should try to come up with a more understanding and human description of what is involved. Incidents such as those which give rise to people either being placed in care or detained can be once-off in nature or else they can result from someone blowing off steam or whatever.

The professionals who operate in this area know best. However, we are trying to legislate in respect of the greater good of society into the future. I accept that it is difficult for the Minister but I suggest that perhaps there could be a meeting of minds on this matter.

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