Seanad debates

Wednesday, 31 March 2010

Child Care (Amendment) Bill 2009: Committee Stage.

 

1:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Fine Gael)

This point arose on Second Stage. I would be interested to hear if the Minister of State accepts there is a principle and important point regarding the use of language. This word arises in a number of sections. The Minister of State does not appear to have tabled any amendments in respect of it.

I am sure the Minister of State is aware that Barnados, the Irish Association of Young People in Care and the Irish Foster Care Association have all expressed concern about the use of the word "detained" in the legislation and would urge the Minister of State to change the language used in the Bill as a matter of priority for the reasons outlined by Senators Norris and Alex White in terms of the messages it sends out and the attitudes it can contribute to forming. The use of language is important in the Bill. The words "rehabilitation", "placement" or "housed" could be used instead of "detention". Even though we are talking about a secure facility, clearly, the focus on children in secure units is a hope that the placement and housing of them there will lead to rehabilitation and a better future for them.

The word "detention", as Senator White said, is associated with criminal proceedings. The general perception from the groups working directly with children is that the word "detention" is not the best use of language in terms of this Bill and that it would be better if it reflected what is needed to protect and support children at risk because of welfare issues rather than criminal issues. There is a real point in this respect and it is not simply a matter of arguing about words. A message is given in the language used.

As Senator Norris pointed out, we know of the experience of the children who were sent to reformatory schools. These are different times and when we reflect on the language and procedures that were used at that time we note they were appalling. Words defined that they be detained. They needed care but the approach taken towards them - I believe it was by the ISPCC and others - meant they were dealt with as though they were criminals when what they needed was care, attention and welfare. I would be interested to hear if the Minister has considered this issue in terms of the language of the Bill.

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