Seanad debates

Thursday, 6 May 2010

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

 

11:00 am

Photo of Ciarán CannonCiarán Cannon (Fine Gael)

The American author, Ralph Ellison, once remarked, "If the word has the potency to revive and make us free, it has also the power to blind, imprison, and destroy." There was much discussion on this issue on Committee Stage, yet after a long and tortuous debate on both Second and Committee Stages, the Minister of State will still use the word "detained" in the legislation, even though it has many negative connotations. It implies criminal wrongdoing on the part of a child taken into special care. I recall the Minister of State agreeing on Second Stage to examine an alternative wording. I am disappointed, therefore, that the word "detained" continues to be used. Barnardos, the Irish Association of Young People in Care and the Irish Foster Care Association have all expressed concern about the use of the word in the legislation. Even though the section relates to secure facilities, clearly with the focus on children in secure units, it is a hope their placement and housing will lead to rehabilitation and a better future for them. The horrific stories of many children who were detained in the past are fresh in our minds. Retaining the word "detained" in modern and forward looking legislation implies we have learned little from past experiences. On Committee Stage Senator O'Malley was supportive of the alternative wording, but the Minister of State, perhaps on the basis of legal advice, has made up his mind. I am surprised, given the expertise, knowledge and experience available to him and his officials, that an alternative wording without negative connotations has not been inserted.

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