David Cullinane (Sinn Fein) | Oireachtas source

I am disappointed to hear the Minister will not accept amendment No. 52. I will set out the rationale for it. I have listened to what the Minister has had to say. The new section 201B sets out a right of petition by the child to the Minister against either the finding or sanction or both. It is unclear why this petition is to the Minister rather than a child-friendly independent tribunal, for example, the Ombudsman for Children. While this is in line with the Prison Act 2007 in respect of adults, it does not take into account the potential vulnerability of children and the challenges that a formal petition process might pose for them. Given the existing remit of the Ombudsman for Children in respect of complaints of children in detention it seems that a right of petition to the Ombudsman for Children may be more appropriate than a right of petition to the Minister. Furthermore, it allows for the Minister to obtain additional material from the director but does not provide for any additional interaction with the child. While it allows the Minister to affirm, modify, suspend or revoke the sanction, it does not seem to allow the Minister to affirm, modify or suspend the finding. We suggest that the provision be amended by the addition of "and/or finding" in the second last line of the new section 201B.