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

The amendment I brought forward and which we agreed on Committee Stage, subsection (2) of section 201B, provides that where the finding of the director is the subject of the petition, the Minister may affirm, modify or revoke the finding. Where the sanction imposed by the director is the subject of the petition, the Minister may affirm, modify, suspend or revoke the sanction.

The purpose of the amendment proposed would appear to be to enable the suspension of a finding. It is more appropriate that a finding be affirmed, modified or revoked with certainty, and that there is a clear outcome for the child following a petition to the Minister arising from a finding of the disciplinary breach.

Further, I would point out that section 18 of the Bill deals with provisions consequent upon a finding against a child of a breach of discipline. On Committee Stage there were references to the part of section 18 which provides for a new section 201B, which allows for the petition of the Minister by a child against a sanction.

With regard to the proposed section 201B, it was argued that the petition should not be to the Minister but should be to some form of child friendly, independent tribunal, for example, the Ombudsman for Children. The Ombudsman for Children cannot replace the Minister in his role under section 201B for the following reason: there is already a free-standing entitlement of any child to make a complaint to the Ombudsman for Children on any aspect of his or her time in a children detention school under the legislation governing that office.

The existence of the proposed system of discipline in this Bill is without prejudice to the powers under the Ombudsman to receive a complaint from any child in detention. I am not proposing, therefore, to accept amendment No. 7.