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

Amendment No. 2 proposes to insert the words "in language that is appropriate to the age and level of understanding of the child" into section 143(2) of the Act.

Section 143(2) already provides that where a court proposes to impose a period of detention on a child, it shall give its reasons for doing so in open court. It should be noted that the amendment proposed to section 143 is in Part 9 of the Children Act providing for the powers of courts in relation to child offenders. Part 9 of the Children Act falls within the remit of the Minister for Justice and Equality. We have close co-operation on criminal justice matters relating to children.

I have consulted the Minister for Justice and Equality on the proposed amendment to provide that where a court imposes a period of detention on a child, it shall give its reasons for doing so in open court in language that is appropriate to the age and level of understanding of the child. It is important that where a lengthy period of detention is imposed on a child, the child fully understands the reasons for it.

The amendment to section 143 will provide safeguards in terms of the reasons being stated in open court in age-appropriate language in the case of all children appearing before a court who have a period of detention imposed upon them by a court. This amendment will ensure consistency with the amendments that have previously been adopted in this House and in Dáil Éireann on section 149 of the Children Act 2001, as contained in section 9 of this Bill.