AG and BDA praised for action on child jail fears
An advocate for children has congratulated the Attorney General for amending the Parental Responsibility Act after concerns were raised it might violate a child's human rights.
Sheelagh Cooper, Coalition for the Protection of Children chairperson, was concerned the act could allow children as young as ten to be arrested if involved in anti-social behaviour.
She said such imprisonment would be a "huge violation of human rights and the rights of a child".
However Bermuda Democratic Alliance founding member Shawn Crockwell had the relevant section of the bill amended, so that children under 16 cannot be jailed.
Yesterday Mrs. Cooper commended the changes to the Bill and said: "I want to congratulate the BDA for acting quickly and representing the human rights of children and putting forward the amendments to this legislation.
"I would also like to congratulate the Attorney General [Kim Wilson] for listening to their concerns and opting to make the amendments which has made a substantial difference to the act."
On Friday in the House of Assembly Mr. Crockwell expressed concerns that the clause could fetter the discretion of the court.
He also said it conflicted with the Young Offenders Act 1950 by giving Magistrates the power to imprison a child under 16 years of age.
The suggestions went to Attorney General Kim Wilson, and the Government amended "and cured" both areas of concern that same day, Mr. Crockwell said.
In addition, Government also added a section saying a Magistrate passing a sentence on a child should consider parts of the Young Offenders Act 1950.
One part of this restricts incarceration, meaning Magistrates cannot imprison anyone under the age of16.
Mr. Crockwell said: "This is the second time the [Attorney General] has been amenable to amending legislation under her remit and she should be applauded for being willing to get the law right."
"This is also the second time the BDA has been instrumental in amending critical and controversial legislation."
Mrs. Cooper was concerned the report's name was also misleading and said a "substantial proportion" of the act doesn't refer to parental responsibility.
Instead it refers to the "anti-social behaviour of children who are deemed to be behaving in an anti-social manner", she said.
She also said the bill described anti-social behaviour in "extremely vague" terms which could be interpreted widely. As defined in the act, anti-social behaviour is that which "causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household".
Mrs. Cooper said: "Obviously we want parents to take responsibility for their children no one argued with those points. We need to provide the kind of support parents need to be good parents. We [at the Coalition] have a ten-point plan on how that could be done. "
The ten-point plan includes addressing inequities in wages and employment, supporting parents in developing skills and education and more youth counselling and development programmes.