Vol. 375 No. 1
asked the Minister for Justice if his attention has been drawn to the extent of public concern about the situation where juveniles as young as 15 years can be required to serve sentences of imprisonment in adult prisons like Mountjoy, Dublin 7; the proposals, if any, he has to change this situation; if, in the meantime he will ensure that juveniles do not have to share cells with adult offenders; and if he will make a statement on the matter.
46.
asked the Minister for Justice the proposals he has to update the legislation regarding the prosecution of young offenders; if he will amend the Children Act, 1908, to ensure that persons under 21 cannot be detained in an adult prison; and if he will make a statement on the matter.
I propose to take Priority Question No. 58 and Oral Question No. 46 together.
The Task Force on Child Care Services which reported to the Minister for Health in 1980 contains recommendations in respect of the subject matter of these two questions. Those recommendations among others have been under consideration in the Department of Health. Any proposals which the Government may approve in this area will be announced in the normal way in due course.
The position at present under the Children Act, 1908, is that a young person is not sent to prison for an offence unless the court certifies that he is so unruly or depraved of character that he cannot be held in a place of detention.
Persons aged between 16 and 21 can be transferred from St. Patrick's Institution to prison under the Prevention of Crime Act, 1908, if they are certified by the Visiting Committee of St. Patrick's to be exercising a bad influence on the other inmates or if, under the Prisons Act, 1970, the Minister, following consultation with the Visiting Committee, makes an order declaring that, due to overcrowding, inmates aged between 17 and 21 may be transferred to prison. Orders under the 1970 Act have been in force since 1985.
In deciding whether a juvenile should be placed in a single cell or in a cell with other offenders, the prison authorities appreciate that some juveniles would be better off being in a cell with other prisoners rather than placed on their own and, in exercising their discretion, care is exercised in selecting suitable adults to share cells with juveniles.
Decisions as to whether it is in the best interests of a juvenile to share a cell with an adult offender or to be kept in a cell alone have to be taken by the prison authorities in each individual case. The interests of the juvenile would be paramount in reaching such a decision. The Deputy will appreciate that there can be occasions when it would be in the best interests of the juvenile to have him share a cell with a caring adult rather than to leave him alone in a cell.
I thank the Minister for his very comprehensive reply. I am sure he shares my concern that under no circumstances should a 15 year old child share a cell with an adult in an adult prison. The minimum we could expect in the year 1987 is that it would never happen again that a 15 year old would be referred to an adult prison to share the cell with an adult inmate. How can the Minister justify a juvenile female prisoner being put into an adult prison when there are no juvenile places of detention for young people? Surely that is contrary to the Act?
A judicial review is to take place into the circumstances of the detention of an offender in Mountjoy, and it would be inappropriate for me to make any comment on this case at this time. With regard to difficulties which the prison service as a whole has to deal with, the Deputy will understand there is a very severe shortage of accommodation. I am not offering that as an excuse for the situation which arose. In relation to how difficulties can be dealt with when directions are given by courts in certain instances, as I mentioned in my reply, the prison staff are very conscious of their responsibilities and obligations in this area. I repeat that every care and consideration is given to each individual case.
With regard to dealing with young girls in difficulties, there is a very serious problem there. I have asked the prison section to advise me how best we can deal with this. We want to do something about this and when we have resolved that difficulty, I will be glad to make a public announcement.
In accordance with existing legislation is it not illegal to place a 15 year old girl in an adult prison? Would the Minister agree that there is no justification for putting a 15 year old girl into an adult prison?
The Deputy has outlined the legal position.
Will the Minister assure the House this will never happen again?
I am aware of the difficulties and I am trying to deal with them. When I am in a position to make a public announcement the Deputy will be given the necessary assurances and I hope he will accept them.
That disposes of ordinary Questions and Questions Nominated for Priority.
