asked the Minister for Justice in how many cases a medical report has been obtained on children prior to their conviction at the children's court in each of the past two years.
Ceisteanna—Questions. Oral Answers. - Juvenile Delinquents.
49.
A medical report— which in practice means a report from a psychiatrist—is obtained in every case in the Dublin Children's Court where the adjudicating justice thinks it is advisable to get one. The number of such reports obtained was 70 in 1969 and 107 in 1970.
Did I understand the Minister to say that a report is obtained only when the justice considers it to be necessary?
Yes.
How can we be assured that the justice concerned would be qualified to decide whether a medical report is necessary since she holds no medical degree?
That is a separate question.
It is obtained in cases where this is considered necessary.
It should be obtained in every case. Further, it should not be left to the district justice, Miss Eileen Kennedy, to decide whether a report should be obtained. Is the Minister aware that many children who are mentally retarded are being convicted or is he not concerned with that?
The law is there and I am perfectly satisfied that the district justice in question, like all other district justices, administers the law fairly.
How could she when she makes a recommendation on the report——
We cannot have a debate at Question Time.
I do not think it proper for a Deputy to single out an individual district justice.
She is the only district justice so we cannot talk about anyone else. All I am asking the Minister to do is to recommend that a medical report be obtained in every case before a child can be convicted.
That is a different question from the one put down by the Deputy.
We would need about ten whole-time psychiatrists if every individual were to be examined.
It would be better than sending a mentally retarded child to a reformatory——
We cannot have a discussion at Question Time.
——especially when the age of responsibility for crime in this country is seven years. The Minister has before him a report——
That report was published only a couple of months ago. Is the Deputy suggesting that action should have been taken before the report was published?
Deputies on any side of the House may not indulge in a discussion at Question Time.
50.
asked the Minister for Justice the number of children and young persons at present in Mountjoy prison; and the reason for their detention there.
Children, that is to say, persons under the age of 15 years, may not, under the law, be sent to prison.
Young persons, that is to say, persons between 15 and 17 years, may not be sent to prison by a court unless the court certifies that they are of so unruly a character that they cannot be detained in a place of detention, or of so depraved a character as not to be fit to be sent to a place of detention. Likewise, they may not be transferred to prison from St. Patrick's Institution unless the visiting committee recommends it in a particular case on the basis that the person concerned is incorrigible or is exercising a bad influence on other inmates.
At present, there are seven young persons, all males, in Mountjoy Prison. The reason for detention in all cases is that the court certified that they were of so unruly a character as not to be fit to be sent to a place of detention.
It is a disgrace that young people are being detained at present in Mountjoy. I am wondering what is wrong with a system which permits children to be sent to a place such as Mountjoy.
I have just told the Deputy that there are no children there.
There are seven people who are under the age of 17 years. This is a disgrace.