Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I move amendment No. 47:

In page 24, between lines 19 and 20, to insert the following:“(2A) Where an inquiry is held under subsection (1) the child shall be provided with an opportunity to be heard and to respond to any allegation of disciplinary breach orally or in writing.”.

This amendment has been put forward by my colleague Senator Leyden and my Sinn Féin colleagues. It relates to providing the child with an opportunity to explain his or her side of the story when any disciplinary hearing is being held by the director referred to in the Bill.

Section 17 sets out that where a director decides to hold an inquiry, the procedure relating to the inquiry may be prescribed by the Minister. Therefore, there is scope for the Minister to set out the procedure, objectives and method of inquiry. What we are looking for here is the inclusion in the section of the legal basis for the child to respond to any allegations - that this would be a procedural matter written into the legislation. In any public hearing where accusations are being levelled, whether in a court of law or a tribunal or other formal setting, an opportunity is always given to the accused to provide their side of the story. That is what we are looking for here, and I hope the Minister will accept the amendment.