Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Cummins's amendment refers to Part 7 of the Children Act 2001 and the Children's Court. That is, of course, a part of the Children Act 2001 which has been commenced and it places the Children's Court and its procedures on a statutory basis. The Children's Court deals with children who are charged summarily. That would exclude most offences under this Bill from its jurisdiction but where a person is charged with a minor offence under this legislation, Part 7 will apply.

I am not clear as to the purpose of the amendment which seeks to insert, "Where a person guilty of an offence under this section is under the age of 17 years, the Court shall have regard to Part 7 of the Children Act 2001", because that part of the Children Act deals with the issue of jurisdiction. The offence must find a venue first and in the serious types offence envisaged in the legislation the venue would be the Circuit Criminal Court. In the case of a minor offence, it will arise before the Children's Court.