Seanad debates

Wednesday, 31 March 2010

Child Care (Amendment) Bill 2009: Committee Stage.

 

1:00 am

Photo of Alex WhiteAlex White (Labour)

The fact the word "detention" is used in various judgments cannot be the end of this matter. Once a word enters into the language and the nomenclature, if that is the right word, that is the language everybody uses. We are the Oireachtas and are in an important position of being able to change legislation and by doing so we can change the way matters are referred to. If we make such a change in legislation that becomes a new way of describing a situation.

I am interested in what the Minister of State said and I understand his point regarding the intent of the use of the word "detention". I accept his comments on the use of the word "rehabilitation" and would have no difficulty in agreeing to Senator Norris's suggestion of the use of the term "placement" or perhaps "secure placement", which would denote the notion of detention. Detention means that a person is not free to leave. We should be clear about what it means. I understand where the Minister of State is coming from in this respect. Language must mean certain things. I cannot go so far as to use woolly language to make a term sound like something else when we are talking about somebody not being free to leave a centre. There are plenty of words in the English language and we do not have to use words such as "detention" that are so closely allied to the criminal justice system. The term "placement" or "secure placement" would bring us pretty much along the road to what we need to describe in the Act and in the legislation generally. I maintain my objection to the use of the word "detention", as I thought the Minister had although perhaps he had an opportunity to examine it more closely. I will be happy to explore with Senators Norris and Fitzgerald the use of a word such as "placement" or a similar word on Report Stage to get around this.

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