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

Amendment No. 7 proposes to provide, in a new subsection (2) at section 149, that the Court shall not impose a period of detention in excess of three years and, where it imposes any period of detention, that it shall give its reasons in writing in language that is appropriate to the age and level of understanding of the child.

Detention is always a measure of last resort, and that is clearly set out at subsection (2) of section 96. Subsection (4) of section 96 makes it clear that the penalty imposed on a child should be no greater than that which would be appropriate in the case of an adult who commits an offence of the same kind, and may be a lesser period. Section 143 of the principal Act also makes it clear that a court should not make an order imposing a period of detention unless it is satisfied that detention is the only suitable way of dealing with the child.

The Children Act 2001 provides various safeguards in terms of detention always being a measure of last resort and the duration of any period of detention to be imposed vis-à-visan adult, where detention is the penalty imposed on a child. The amendment proposed imposing a limit on the period of detention of three years in all circumstances, regardless of the level of seriousness of the offence that has been committed, would not be appropriate. In relation to the proposed amendment to provide, at section 149(2) of the Children Act, that where any period of detention is imposed on a child, the court shall give its reasons for doing so in language that is appropriate to the age and level of understanding of the child, I refer to the amendment that I accepted during the passage of the Bill in the Seanad. In the Seanad, following consultation with the Minister for Justice and Equality, I accepted an amendment to section 149(2) providing for a statement of the reasons in open court in language that is appropriate to the age and level of understanding of the child where a period of detention exceeding three years is imposed on 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. In addition to section 149, which deals with periods of detention in excess of three years, section 143(2) provides that where an order is made for the detention of a child, the court making the order shall give its reasons for doing so in open court.Amendment No. 5, which I have brought forward, proposes an amendment to section 143 of the Act to provide for the insertion of "in language that is appropriate to the age and level of understanding of the child concerned." This will mean that where any period of detention is imposed by a court on a child, the court 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. The amendment to section 143 will provide safeguards in terms of the reasons being stated in open court in age-appropriate language in the case of all children appearing before a court who have a period of detention imposed on them by the court.

I also wish to note recommendation 33 of the recent report of the working group conducting a strategic review of penal policy. This was published in September 2014 by my colleague, the Minister for Justice and Equality. The recommendations stated that in all cases where a custodial sentence is imposed by a court, the court should set out its reasons in writing for so doing, and that this requirement be incorporated in statute. I am advised that the recommendation in question is one of many in respect of which a high-level implementation group was recently established by the Minister for Justice and Equality to progress. It is envisaged that this recommendation - and, indeed, all recommendations on penal reform relating to sentencing - will be the subject of consultation with the Judiciary. This process should not be prejudiced and, therefore, I am not in a position to accept the amendment to provide that the court must give its reasons in writing. I will continue, however, to have close co-operation with the Minister for Justice and Equality on criminal justice matters relating to children. I am also taking measures in the Act to prevent children from progressing into the adult prison system or to reduce the number of those who do. We have made provision for children reaching 18 that they can stay on until 18 and a half if they have not finished their education or still have further sentencing to go and they have been co-operating.