Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I move amendment No. 2:

In page 9, between lines 35 and 36, to insert the following:“(3) Where an inquiry is held under subsection (1) the child shall be provided with an opportunity to be heard and to respond to any allegation of disciplinary breach orally or in writing.”.

Although the Bill makes provision for the director of the Oberstown campus to hold an inquiry into an alleged breach of discipline and inform the child of the details of that inquiry, no provision is made for the child to respond or be heard. In order that provision is made for a child to be heard fairly if he or she is accused of being in breach of discipline or brought before an inquiry, we must ensure the procedures children encounter in detention settings are understandable to them and take into account their age and vulnerability. It could very well be a child's first time in such a setting, which is an intimidating and traumatic experience for any child. We must also be aware that many children within the system have literacy difficulties. This must be taken on board when addressing any disciplinary measure. Any reason for the imposition of a sanction should be recorded in writing and communicated to the child in ordinary language. The opportunity to be heard is of such importance, in terms of a child's rights and due process, that it should be provided for in the Bill.

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