Adjournment Debate. - Custodial Accommodation for Juvenile Offenders. – Dáil Éireann (26th Dáil) – Wednesday, 20 Feb 1991

Adjournment Debate. - Custodial Accommodation for Juvenile Offenders.

Mr. Spring

I raise this matter in the House this evening because I am seeking help for some constituents of mine who have serious problems. I am grateful to the Ceann Comhairle for allowing me to raise this matter and I thank the Minister of State at the Department of Justice for being present in the House. It restores one's faith in democracy when one can raise a matter like this in the House of Parliament.

Unfortunately, it is a sad day for Ireland that I have to raise this matter here. During my days of studying law, particularly jurisprudence, I was always in favour of rehabilitation rather than retribution in regard to criminal activity. I am raising this matter against a background of limited resources and at a time when the Department of Justice are operating under grave financial restrictions and when there are not adequate numbers of gardaí on the ground.

I believe the matter I am raising tonight with the Minister of State at the Department of Justice could be raised by any Deputy from any rural town in Ireland — the spate of crime being carried out by and large by juveniles. Despite the best wishes of their families and society, unfortunately there are no custodial places available for these offenders. I have been informed that there are 33 places of detention for people under 16 years of age and there is no possibility of the offencers currently before the courts being offered custodial facilities. In many instances this is a source of heartbreak for parents of these children. The mother of the child, in the case I want to bring to the Minister's attention, wants her child to be taken into custody. She is unable to cope with her child who has a string of convictions and who when released from Tralee District Court this afternoon will go back on the rampage again. She knows that he has no future by virtue of the fact that he comes from a broken home and the Department of Justice, the responsible organ, have no facilities whereby they can take this young man of 15 years into custody.

I have always believed that our first responsibility must be to our children and certainly our constitutional imperative in that regard must be borne in mind. However, due to the apathy and ignorance which exist we seem to be unable to provide any answers to the crime rates in our society at present. We have always believed that our greatest asset — I hope this is the case — are our young people.

In the case to which I am referring the parents need assistance. The district justice in question wishes the Department of Justice or the Department of Education to provide facilities for this young man who has been in trouble with the law, has been convicted of many crimes and has many charges pending but who cannot be dealt with because the facilities do not exist. This young man needs attention, help and assistance. This is why I have availed of this opportunity to bring this case to the attention of the Department of Justice. It is regrettable to think that in a society which proudly regards itself as Christian there is no room at the inn for this young man.

I should like the Minister of State to outline to the house the steps he is taking to provide additional custodial facilities for young offenders. If we cannot provide the answer to this problem it will be exacerbated and we will have to deal with a far more serious problem in the future than the one which exists at present.

Minister of State at the Department of Justice (Mr. N. Treacy)

The question of accommodation for young offenders has been dealt with on a number of occasions recently in this House, indeed as recently as last night in response to items raised by Deputy Jimmy Deenihan and Deputy Bill Cotter. It might be no harm, however, to set out again the responsibilities of the Department of Justice in relation to the provision of custodial facilities for offenders in the younger age group.

Generally the institutions operated by the Department of Justice cater for young male offenders aged 16 years and over and young female offenders aged 17 years and over. Young male offenders aged 16 to 21 can be committed by the courts to St. Patrick's Institution. Male offenders aged 17 years and over can be sent by the courts to the committal prisons: Mountjoy, Cork, Limerick and Portlaoise. The Department of Justice also have responsibility for the operation of places of detention set up under the 1970 Prisons Act which include institutions such as Wheatfield and Shanganagh Castle. I should emphasise that these institutions are entirely different in nature from places of detention set up under the provisions of the 1908 Children Act. The places of detention operated by the Department of Justice can legally only cater for offenders who were committed by the courts to St. Patrick's Institution or to prison. Mountjoy Women's Prison generally caters for female offenders aged 17 years and over.

It is the case, however, that 15 and 16 year old offenders can be committed to prison in very particular circumstances. This can happen only in cases where the court certifies under the provisions of the 1908 Children Act that the young person is "of so unruly a character that he cannot be detained in a place of detention provided under the Act or that he is of so depraved a character that he is not a fit person to be so detained".

Having, I hope, made clear the legal position in relation to institutions operated by the Department of Justice, I would like to address the suggestion that there may be a grave shortfall in places for young offenders in custodial facilities operated by the Department of Justice. While it is the case that there is always pressure on custodial accommodation for young offenders — and, indeed, for adult offenders — it would be wrong to characterise this as amounting to a grave shortfall in places. This is all the more so given the fact that the past couple of years have seen the bringing into operation of the 320 places at the new place of detention at Wheatfield which is geared primarily to cater for offenders in the younger age group. In addition, it should be worth reminding the House that this year's Estimates allow for the recruitment of 31 additional staff for the Probation and Welfare Service to enable the introduction of a scheme of intensive supervision in the community for about 200 offenders, many of whom can be expected to be in the younger age group. This major initiative should lead to a significant reduction in pressure on custodial facilities.

It would, of course, be misguided to assume that, simply because a young person appears before a court on criminal charges, the Department of Justice inevitably have statutory responsibility, or indeed would be the appropriate agency, to provide residential facilities to which the courts could send the young person involved. The 1908 Children Act enables the courts to send young offenders to what are referred to in the act as industrial and reformatory schools which are the statutory responsibility of the Department of Education. These have become known over the years as special schools and are also designated in certain cases as places of detention under the 1908 Children Act. The House was informed, in response to an Adjournment debate on 27 November last, that a new residential school to house 20 young girl offenders is being planned for location adjacent to the existing Finglas Children's Centre. The House was also informed of the possibility of providing a temporary arrangement to cope with the current demand for places for girls. In addition, details were given of work to provide an additional 40 places for boys at the former Scoil Ard Mhuire at Lusk.

I have been impressed by the case made by Deputy Spring and I can readily identify with the problem. I want to assure the House that the Government are fully aware of the position. We have the whole matter under active consideration at present and will take the appropriate action as opportunities and resources become available. In conclusion, I can assure the House that there is regular liaison between the Departments of Education, Health and Justice to endeavour to ensure the most effective co-ordination of services for these young people.

Dáil Éireann debate -
Wednesday, 20 Feb 1991