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

In the adult prison system, the issue of remission of sentences is linked to the system of formal discipline in place, given that remission is permitted on the basis of good behaviour. Accordingly, the introduction of a system of remission in children detention schools requires a more codified set of provisions on discipline in the schools covered by the Children Act 2001. Under the new system, the director will have discretion to inquire into an alleged breach of discipline by a child. A new section 201 to replace the existing section is proposed in the Bill. This section and the following sections, 201A, 201B, 201C and 201D, which are inserted by section 18, provide for the new disciplinary regime which is being introduced to support the introduction of a system of remission of detention in children detention schools.

Subsection 201A(1) outlines the sanctions that will be permitted for a breach of discipline, namely, caution, reprimand, prohibition on certain recreational or other activities, forfeiture of pocket money, and forfeiture of not more than 14 days remission. I am advised that from a legal perspective, listing the sanctions that are prohibited, as in the current section 201(2) of the 2001 Act and as per the Senator's proposed amendment, could give rise to the view that any other undesirable sanction not on this list could be used in a children detention school. This would be an unintended consequence which is clearly to be avoided, as Senators will agree.

While disciplinary provisions are included in the Bill, policy in this area still must have regard to the fact that children detention schools are not prisons and it is necessary to preserve the ethos of the child-focused model of detention. For this reason, a set of provisions governing the concept of good order will operate alongside a more codified system of discipline in these schools. Good order will relate to all the steps that may be undertaken by staff or management to reduce the escalation of - and, where possible, stop - instances of inappropriate behaviour by children in detention. It is preventative in nature in that the ultimate aim is to interrupt a pattern of inappropriate behaviour and prevent it from evolving into an actual breach of discipline which would result in the initiation of formal disciplinary procedures. In this sense, it relates to the concept of early intervention. It also includes the concept of promoting the learning by children of appropriate behaviour and the prevention through learning of future inappropriate behaviour. The consequences of a breach of good order by a child would include prompts from staff, informal warning, having a conversation with the child, and verbally suggesting to or instructing the child, for example, to leave a room or a place such as a sports pitch or go to a place such as the child's own room. This may be contrasted with the concept of discipline, which is more formal and will only be initiated at the discretion of a director of a children detention school.

The system of good order will be outlined in rules to be adopted by the board of management under section 179 of the Children Act 2001 and regulations to be adopted by the Minister under section 221 of the Act. The director of a children detention school will have the discretion to initiate the proposed system of discipline in the event of repeated breach of good order rule by a child which escalates to a disciplinary matter. The proposed system of good order rules will be modelled closely on the care policies currently in place in children detention schools.Taking all matters into consideration, I note the purpose of the Senator's amendment and intend to consider the matter further. I will consult with the Attorney General's Office on the matter.