Criminal Justice Act 2006
New section 186A in Act of 2001.
153.— The following section is inserted in the Act of 2001 after section 186:
“Investigation of matters arising in relation to children detention schools, etc.
186A.— (1) Where—
( a) matters of concern in relation to a children detention school or place provided under section 161 are raised in a report of a person authorised under section 186 or otherwise, and
( b) the Minister is satisfied that it would be desirable to investigate those matters,
the Minister shall appoint a person (in this section referred to as an “Inspector”) to investigate and report to him or her thereon.
(2) The Inspector shall carry out an investigation into the matters referred to in subsection (1) and such other matters relevant to them as he or she considers necessary for the purposes of the investigation.
(3) For those purposes, the Inspector may—
( a) enter any children detention school or place provided under section 161,
( b) examine the records, whether in legible or non-legible form, of the school or place, and
( c) interview members of the staff of the school, including the Director, and members of its board of management or, as the case may be, members of the staff and managers of the place.
(4) The Inspector—
( a) shall not be an employee of any children detention school which he or she inspects,
( b) shall be independent in the exercise of his or her functions in carrying out inspections, and may interview any child who at any time was or who is detained in a children detention school.
(5) Any such interview shall be with the consent of the child concerned and may, if the child agrees, take place in private.
(6) The Inspector shall submit a report to the Minister in relation to the investigation.
(7) Each such report shall, where appropriate, contain recommendations which in the Inspector’s opinion require to be implemented.
(8) A copy of each such report shall be laid by the Minister before each House of the Oireachtas.
(9) Before laying a report before each House of the Oireachtas pursuant to subsection (3), the Minister may omit material from it where the omission is necessary to avoid the identification of any person.
(10) An appointment of an Inspector shall be for a specified investigation, but the Minister may appoint the same person to carry out a further investigation or investigations as the Minister considers appropriate.
(11) The appointment of an Inspector shall be on such terms and conditions as may be determined by the Minister with, in the case of any terms and conditions relating to remuneration, the consent of the Minister for Finance.”.