James Reilly (Dublin North, Fine Gael) | Oireachtas source

I move amendment No. 5:

In page 9, between lines 38 and 39, to insert the following:“Amendment of section 143 of Principal Act

8. Section 143 of the Principal Act is amended, in subsection (2), by the insertion of “in language that is appropriate to the age and level of understanding of the child concerned” after “give its reasons for doing so in open court”.”.

Amendment No. 5 proposes to insert the words "in language that is appropriate to the age and level of understanding of the child" into section 143(2) of the Act. Section 143(2) already provides that where a court proposes to impose a period of detention on a child, it should give its reasons for doing so in open court. It should be noted that the amendment proposed to section 143 is, in part 9 of the Children Act, providing for the powers of the courts in relation to child offenders. Part 9 of the Children Act falls within the remit of the Minister for Justice and Equality. We have close co-operation on criminal justice matters relating to children, and I have consulted with the Minister for Justice and Equality in relation to the proposed amendment to provide that where a court imposes a period of detention on a child, it shall give its reasons for doing so in open court in language that is appropriate to the age and level of understanding of the child. It is important that where a lengthy period of detention is imposed on a child, the child fully understand the reasons for it. The amendment that I propose will ensure that the reason for the detention of the child is explained in open court in language that is appropriate to the age and level of understanding of the child.