Oireachtas Joint and Select Committees

Tuesday, 4 November 2025

Joint Oireachtas Committee on Justice, Home Affairs and Migration

General Scheme of the Children (Amendment) Bill 2024: Discussion

2:00 am

Mr. Seán Egan:

I think Ms McAllorum Ryan's contribution was so remarkably compassionate, humane and moving. I think she was very much let down. She was let down because the laws were inadequate, basically. The laws governing suspended sentences are found in the Criminal Justice Act 2006. I do not want to bore the Senator with a long technical explanation, but those laws were basically not acting in concert with the Children Act 2001. One referred to "detention", which is a sanction that happens currently to people under the age of 18. The provisions around suspended sentences refer to "prison", which is a sanction that happens to people over 18. Those elements did not talk to each other and the superior courts found this out. It meant the situation could not be resolved with the legislation as drafted. This is an important sign that when criminal legislation is being drafted by Deputies and Senators, as legislators, great care has to be taken to make sure it is rigorous and thorough and that it all joins up. People like Ms McAllorum Ryan, who go through this horrible process and have found some measure of closure, should not have the rug pulled out from under them after the fact.

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