Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 5:

In page 5, between lines 19 and 20, to insert the following:(4) This subsection, Part 5and the Children Acts 2001 to 2015 may be cited together as the Children Acts 2001 to 2019 and shall be construed together as one.”.

These amendments propose a change to section 258 of the Children Act 2001, which relates to criminal record disclosures for those under the age of 18 years. I am tabling them on foot of advice from the Office of Parliamentary Legal Advisers, OPLA, which has informed me that such a change is required as a consequence of the new provisions that I am proposing for young adults and the generally shorter rehabilitative periods they would have under the Bill. The Children Act sets out the rehabilitative period for under 18s at a blanket three years. Since we are creating in the Bill a new and more generous arrangement for those aged 18 to 24 years, however, the lowest rehabilitative period for that new cohort will actually be shorter at two years. Therefore, there would be a major inconsistency within the Children Act, given that a young adult aged between 17 and 24 years would be treated more generously than those under the age of 18 years despite the special category of rights enjoyed by children under the Constitution.I am, therefore, advised by the OPLA that a consequential change to reduce the rehabilitative period for those under 18 to one year is needed. This change is also supported by recommendation 9 of the Oireachtas joint committee report from October, which called for the removal of the rehabilitative period for people under 18 altogether. I am trying, therefore, to strike a balance between the two provisions and have gone for a one-year rehabilitative period as a result. I hope the Minister can accept these amendments.