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

Section 11 provides for an amendment to section 157 relating to definitions for the purposes of Part 10 of the Children Act. Section 12 provides for the substitution of a new section 163 to enable the Minister to make an order relating to the permanent or temporary closure of a children detention school or part thereof. Section 13 inserts a new section 163A to enable the Minister to make an order relating to the amalgamation of two or more children detention schools. Section 14 inserts a new section 174A to provide for the preparation and submission of final accounts and final reports to the Minister on the closure or amalgamation of a children detention school.

Section 15 provides for an amendment to section 179 of the Children Act to revise the power of the board of management to make rules in relation to discipline in children detention schools. The board of management will still continue to make rules for the maintenance of good order but disciplinary matters will become subject to a new regime under sections 201 to 201D, inclusive, of the Act. Section 16 substitutes a new section 184 to provide for and update matters relating to the superannuation of staff of a children detention school. Section 17 substitutes a new section 201 and provides for an inquiry by the director into an alleged disciplinary breach by a child detained in a children detention school.

Section 18 inserts new sections 201A, 201B, 201C and 201D. Section 201A provides for the sanctions that may be imposed where the director finds that a child committed a disciplinary breach. Section 201B provides for a petition to the Minister where a child is found by the director to have committed a disciplinary breach and on whom a sanction has been imposed. Section 201C provides for an appeal to an appeal tribunal against forfeiture of remission and section 201D provides for the establishment of an appeal tribunal.

Section 19 amends section 205 to provide for the power of the Minister to suspend a temporary leave programme of a child. Section 20 amends section 206 to provide for a variation of the conditions attaching to a programme of temporary leave for a child over 18 years who continues to be detained in a children detention school pursuant to section 155. Section 21 amends section 207 to provide for the power of the director to authorise the placing out of a child over 18 years of age without a requirement to reside with a specified person but with a requirement to reside in a particular place. Section 22 amends section 215 to provide for matters relating to the escape of a child who on return to a children detention school is under the age of 18 years and six months or is over the age of 18 years and six months and is, therefore, an adult. Section 23 provides for an amendment to section 217 to amend the offence of harbouring a child who has escaped from a children detention school or is otherwise absent without permission to include a person over the age of 18 years and six months.

Section 24 inserts a new section 218A to provide for an offence of supplying or attempting to supply a mobile telecommunications device to a child detained in a children detention school or remanded to a remand centre. Section 25 amends section 221 of the Children Act to provide for the making of regulations by the Minister relating to the remission of portion of a child's detention and the acts that constitute disciplinary breaches.

Part 3 amends relevant legislation to reflect that children will no longer be detained in St. Patrick's Institution and provides for the arrest of detained or remanded children in connection with the investigation of other offences. More specifically, Part 3 provides as follows. Section 26 provides for the definition of terms used within Part 3. Section 27 provides for the amendment of section 1(1) of the Prevention of Crime Act 1908 to revise the references to the age of persons detained in St. Patrick's Institution from 16 to 18 years. Section 28 provides for the amendment of section 10 of the Criminal Justice Administration Act 1914 to revise the references to the age of persons detained in or remanded to St. Patrick's Institution from 16 to 18 years. Section 29 provides for an amendment to section 13 of the Criminal Justice Act 1960 to revise the references to the age of persons detained in St. Patrick's Institution from 17 to 18 years.

Section 30 amends section 42 of the Criminal Justice Act 1999 to provide for the arrest of children detained in a children detention school or remanded to a remand centre situated in a children detention school, in connection with the investigation of other offences. It will also enable the arrest of children detained or remanded to St. Patrick's Institution or a place of detention pending the full accommodation in a children detention school setting of all children detained or remanded in custody. Section 31 provides for transitional arrangements in relation to sections 27 to 29, inclusive.

The Bill underpins significant initiatives and reforms that have taken place in recent years, which have been developed with the overall goal of extending the child care model of detention to all children under 18 years. It also has regard to the principle of equality of treatment between children in the children detention schools and adults in the adult prison system. It provides the necessary amendments to legislation to achieve the programme for Government commitment to end the practice of detaining children in adult facilities. I thank the Members of the House for their support and engagement with the Bill. I look forward to our debate and I commend the Bill to the House.

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