During the debate on section 3, as amended, at Committee Stage, I undertook to consider a point raised by Deputies Lindsay and M. J. O'Higgins concerning the notification of the parent or guardian at the stage when a warrant is issued to the Garda Superintendent to procure the attendance of the child in court. I have considered this matter fully, and the position as I see it is: (1) Before a warrant would be issued pursuant to section 3 (1) of the amending Bill, the parent would have to be convicted twice under section 17 of the Principal Act for failure to cause his child to attend school. (2) He would also have to be convicted under section 18 (1) of the Principal Act for failure to produce the child before the court. (3) It is only after these three convictions, at least, had been recorded that a warrant would be issued directing the Superintendent of the Garda Síochána to procure the attendance of the child in court. It is clear, therefore, that only in such incorrigible cases would the power conferred on the court by section 3 (1) of the amending Bill be put into operation. (4) Section 3 (2) of the amending Bill authorises the Garda authorities to take such steps as they reasonably consider necessary to ensure the attendance of the child in court. It is logical to assume that in the ordinary course and if the parent is available, the Garda authorities would make the parent aware of the action to be taken and invite the parent to accompany the child to court. (5) To make it incumbent on the court to notify such an incorrigible parent of the issue of a warrant would call into question going through again the whole procedure provided for in section 2 of the amending Bill. The result would be merely to give the parent more time to avoid his obligations.
In these circumstances, I consider that section 3 of the Bill, as amended in Committee, should stand.
