David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 6:

In page 25, between lines 28 and 29, to insert the following:"(1A) Any child who breaches the rules of a children detention school may be disciplined on the instructions of the Director of the school in a way that is both reasonable, proportionate and within the prescribed limits.

(1B) Without prejudice to the power of the Minister to prescribe limits for the disciplining of children detained in children detention schools, the following forms of discipline shall be prohibited -

(a) corporal punishment or any other form of physical violence,

(b) deprivation of food or drink,(c) treatment that could reasonable be expected to be detrimental to physical, psychological or emotional wellbeing, or

(d) treatment that is cruel, inhuman or degrading.".

Section 201 of the Children Act 2001 includes an important prohibition on certain forms of discipline, including corporal punishment, physical violence, deprivation of food or drink, treatment that could reasonable be expected to be detrimental to physical, psychological or emotional well being or treatment that is cruel, inhumane or degrading. The most recent HIQA report, which was published in February 2015, found that the management of challenging behaviour in Oberstown was not consistently in line with best practice and single separation was used frequently and for long periods of time. The report outlined the example of one child who was locked in a room for 83 hours and 45 minutes over a period of four days, including sleeping hours. Given the concerns expressed about the management of challenging behaviour and the use of single separation, it is not clear why a prohibition on such treatment has not been retained in the new section 201. Section 17 of the Bill substitutes alternative wording for Section 201 of the 2001 Act. While permissible sanctions for breach of discipline should be set out in the new section 201A, it is prudent to also maintain an express prohibition on certain disciplinary sanctions. Such matters are expressly prohibited under section 13 of the Prisons Act 2007 in respect of adults. The original section 201 should be retained in any amendment under section 17 of the Bill, but with the addition of the word "proportionate".