Barry Andrews (Dún Laoghaire, Fianna Fail)

When we debated this issue on Committee Stage, I pointed out that the word "placement" was not appropriate because every child who was the subject of a care order was placed somewhere and that special care had to be distinguished from ordinary State intervention on behalf of a child. Fine Gael suggested the word "housed" which also does not have pleasant connotations. HIQA conducted a study of special care facilities in the State and identified shortcomings, particularly at the Ballydowd facility, which had a great deal to do with the built environment, health and safety issues and so on. There was no suggestion the phraseology undermined the care provided or the general atmosphere of care. I remain to be convinced, but I am open to suggestions. The suggestions that have been put by way of amendment do not distinguish it sufficiently from other types of care to underline the fact that special care is a form of civil detention where one is in a secure unit. That distinction must be made. It has been pointed out on many occasions in judgments that this is a form of detention and the reason it is so limited in its ambit and is used as a last resort is that it is considered a nuclear option to be used when everything else has failed. One uses secure detention when other types of intervention have not been successful and a child is presenting a danger to themselves. I am open to workable suggestions but none of those proposed is workable. I suggest to Senators that they discuss the matter with their colleagues in the Dáil and if they wish to propose further suggestions through their parties, they will be considered at that time. I do not accept the amendments.