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

Section 17 provides that the director may hold an inquiry into an alleged disciplinary breach by a child. The provision allows for the discretion of the director in deciding whether to hold an inquiry or not. Where the director decides to hold an inquiry into a disciplinary breach, he or she shall inform the child of the alleged breach and the date and time of the inquiry. Section 201(3), which is being inserted into the principal Act, provides for the procedure relating to an inquiry to be prescribed by the Minister. The procedure prescribed would include matters providing for fair procedures such as providing the child with an opportunity to be heard and to respond to any allegation of a disciplinary breach.

As I indicated on Committee Stage, it is intended that the operational and practical matters relating to such an inquiry will be prescribed and these will include matters relating to fair procedures for a child. Matters such as giving the opportunity to be heard and to respond orally or in writing are basic principles of fair procedures and natural justice and will be incorporated in the regulations. It is not proposed to incorporate some of the procedures relating to an inquiry in primary legislation and to incorporate other procedures in secondary legislation. All matters relating to an inquiry by the director will be prescribed in regulations. The issue of fair procedures proposed by the amendment will be comprehensively addressed in regulations to be adopted on foot of the enactment of section 17. I do not, therefore, propose to accept this amendment.