David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 7:

In page 26, line 38, after “sanction” to insert “and/or finding”.

We discussed the issues arising in this amendment on Committee Stage. The new section 201B sets out a right of petition by a child to the Minister against the finding, the sanction or both. It is unclear why the petition should be made to the Minister rather than a child friendly independent tribunal, such as the Ombudsman for Children. While it is in line with the provisions in the Prisons Act 2007 in respect of adults, it does not take into account the vulnerabilities of children and the challenges a formal petition process might pose. Given the existing remit of the Ombudsman for Children in regard to complaints taken by children in detention, a right of petition to that individual may be more appropriate than a petition to the Minister. Furthermore, the section allows the Minister to obtain additional material from the director but it does not allow for additional interaction with the child. While the Minister will be able to affirm, modify, suspend or revoke a sanction, it does not appear possible to affirm, modify or suspend a finding. We propose that this provision be amended by adding the words "and/or finding".