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

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 so doing in open court. On Committee Stage I brought forward an amendment to section 143 of the Act to provide for the insertion into section 143 of the words "in language that is appropriate to the age and level of understanding of the child concerned". The Deputy's proposal is, therefore, provided for. Her contention about children and mental health and other issues is provided for in so far as orders can be made for detention and supervision, which allows for early periods of release to see how they get on in the community. The difficulty is that one cannot apply a law, as the Deputy has suggested, regardless of the seriousness of the crime. While the Deputy is correct that for certain crimes, there is a cap on the duration of time for which a person can be detained, it is done on a stratified basis. Her proposal indicates that regardless of the seriousness of the crime involved, it could never exceed a three-year sentence, which is unreasonable.

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