James Reilly (Dublin North, Fine Gael) | Oireachtas source

This amendment is to section 155(6) of the Children Act 2001. The amendment proposes to give discretion to a director not to transfer a child who has ceased to engage in a course of education or training where the determination had been made by the director that the person might continue to be detained in a child detention school past their 18th birthday on the basis that they were engaged in a course of education or training. Section 155(5) provides that if a person is engaged in education or training or if the period of detention remaining is six months or less, the director may determine that the person can continue to be detained in the child detention school for a period not exceeding six months from the date of their 18th birthday where there is still a period of detention remaining in respect of that person after their 18th birthday.

The purpose of the amendment is to enable the director to explore the option of a different course of education or training where a person has ceased to engage in a particular course of education or training. The amendment proposes to insert a reference to "may transfer" instead of "shall transfer" to allow the director to exercise his or her discretion where the question of a person continuing to be detained relates to their engagement in education or training. This is in the best interest of the child.