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07/15/2015 12:00:00 AM


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Reilly, James

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Bills

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Children (Amendment) Bill 2015 [Seanad]

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Report and Final Stages

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887

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Children (Amendment) Bill 2015 [Seanad]\Report and Final Stages
Bills\Children (Amendment) Bill 2015 [Seanad]\Report and Final Stages

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Children (Amendment) Bill 2015 [Seanad]

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Report and Final Stages

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Senator


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Deputy James Reilly

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Deputy James Reilly

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James Reilly

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Snippet Contents:

I thank the Deputy and appreciate that she is not pressing amendment No. 8, given that amendment No. 10 encapsulates the issue.
I do not propose to move amendment No. 11 which would amend the shoulder note in the Bill at section 201B. The shoulder note will be updated administratively, given that it does not form part of the provisions of the Bill. When updated, the revised marginal note will more appropriately reflect the wording of section 201B to provide for a petition to the Minister by a child against a finding of a breach of discipline, a sanction, or both a finding and a sanction.
On amendment No. 12, I refer to amendments I brought forward in the Seanad and which were agreed to on Committee Stage. The amendments made to section 201B(2) provide that where the finding of the director is a subject of the petition, the Minister may affirm, modify or revoke the finding and where the sanction imposed by the director is a subject of the petition, the Minister may affirm, modify, suspend or revoke the sanction. The purpose of the amendment proposed appears to be to enable the suspension of a finding. A suspension of a finding would give rise to uncertainty for a child. It is more appropriate that a finding be affirmed, modified or revoked with certainty and that there be a clear outcome for the child following a petition to the Minister arising from a finding of a breach of discipline. I do not propose, therefore, to accept amendment No. 12.