Seanad debates

Thursday, 6 May 2010

Child Care (Amendment) Bill 2009: Report and Final Stages

 

11:00 am

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

Section 3 of the Children Act 2001 defines a "children detention order" as having the meaning assigned to it under section 142 which provides that an order may be imposed on a child for a period of detention in a children's detention school. Thus the amendment appears to seek a change in the definition of a "children detention order", but to do so one would be confusing in terms of legal concept and interpretation. Our legal advice on the use of the word "detention" is that it is appropriate in the circumstances of the Bill. The Act must be clear that special care involves the detention of a child. The use of any other word would be likely to mislead and make the position uncertain for the courts, the HSE, children, parents and guardians and the public as to the fact that special care involves the detention of the child. Currently, High Court orders that provide for special care for children are called detention orders. Successive court judgments have used the term "detention" and been clear in their distinction between detention in a special care facility and detention under criminal statute. With regard to special care judicial review proceedings, its use has not connoted criminality on the part of children. The Bill provides that under the Act, orders made by the High Court will be called special care orders. Nevertheless, the use of the word "detention" makes it clear that a child is detained under a special care order in a secure unit.

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