Dáil Éireann debate -
Thursday, 5 Mar 1992

Vol. 416 No. 8

Adjournment Debate. - School Attendance Case.

Mr. Allen

I thank you, a Leas-Cheann Comhairle, for giving me the opportunity to raise this case which involves a 14 year old boy from Cork, with what his parents describe as a mental age of eight or nine. Both the parents and neighbours have been on to me separately expressing their upset and anxiety about this case.

The position is that last Monday the parents of this child found themselves before the court due to his non-attendance at school. The parents have told me that they had considerable difficulty in finding a place for him in a special school in Cork. The court case was scheduled for 10 a.m. last Monday but because of the volume of cases the child was forced to wait for two hours before the two minute hearing.

An order was made by the district justice and the child was taken by squad car to the Bridewell Garda Station, Cork, accompanied by neighbours. They were kept at the Bridewell until approximately 5 p.m. that afternoon. During that time the child was kept in a small room accompanied by the neighbours. At one stage they were told that the child might have to be put in a cell because of pressure of space. Eventually the child was taken to Dublin by hackney accompanied by an unidentified man in plain clothes; I presume it was a detective but I am not sure.

The parents requested that they or a member of the family would accompany the child to Dublin to minimise the child's anxiety but the request was refused on the grounds that insurance cover would not be available for them. I do not have any complaints against the Garda or the Minister because it is the shame of all Members of the House that such a situation could exist. The system must be changed to allow a more sensitive and humane attitude to cases like this.

The child suffered terrible trauma. The whole situation was insensitive and inhuman. It is one of the most cold-hearted, callous cases I have encountered in many years. Would the situation have been different if the family had been well off with access to expert legal opinion? They are a poor family. I do not want to identify them but the Minister knows who they are. It was a case of rough justice all round and I ask the Minister — not in a political way — to turn his attention to cases like that so that the system can be changed and that young people who through no fault of their own come before the courts can be dealt with a more sensitive way.

Minister for Justice (Mr. Flynn)

I am informed by the Garda authorities that on 2 March the District Court ordered, with the consent of the parents, that the young boy referred to by the Deputy be remanded to St. Michael's House, Dublin, for assessment. He was, in accordance with the warrant issued by the court, delivered into the custody of the superintendent in charge of the Bridewell Garda Station, Cork, at 12 noon that day for escort to Dublin. The Deputy has his facts right in that regard.

The Garda authorities informed me that it was not possible to arrange for an immediate escort because of the many other urgent calls on Garda time that day. However, every effort was made to arrange for the earliest possible escort. While these arrangements were being made the boy and two neighbours accompanying him were made as comfortable as possible in the doctor's room in the station. They were given refreshments and the child was provided with a full meal. I am informed that, as can happen on a busy day in a Garda station, Garda resources were heavily taxed on that day and it took longer than would be desirable for the escort to be arranged on this occasion. I readily admit that. The boy did not, therefore, leave the station until just after 5 p.m. when he travelled to Dublin by taxi accompanied by two plain clothes gardaí.

It is not normal Garda practice to allow relatives or friends to accompany a person being escorted under warrant as the Garda must comply strictly with the terms of the warrant. I also understand from the Garda authorities that the gardaí in the Bridewell were unaware of any request from the parents in this respect. The Garda authorities informed me that during the time involved in arranging the journey every effort was made to ensure that the child was treated with dignity and care. The parents of the child did not make a complaint about the matter and the Garda were unaware of any misgivings which they might have felt. I have been assured by the gardaí concerned that they acted at all times within the law, in accordance with the court warrant and with due concern for the boy. I think that is admitted by Deputy Allen and I appreciate that he said it in the House.

Of course I do not regard this situation as satisfactory. It is not satisfactory that the child should have been obliged to wait so long for an escort to Dublin. I know that the Garda authorities are deeply conscious of the need to avoid such situations and they have expressed that opinion. Unfortunately, this was one of those occasions when it was not possible to arrange matters as everyone would have wished. However, in support of what the Deputy said, I will try to make arrangements which will ensure that there will not be a recurrence in this regard. We hope there will not be.