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Dáil Éireann debate -
Thursday, 29 Nov 2001

Vol. 545 No. 3

Written Answers. - Juvenile Detention Centres.

Michael Creed

Question:

156 Mr. Creed asked the Minister for Education and Science the number of cases with his Department where allegations of physical and sexual abuse are under investigation in relation to juvenile detention centres; and if the victims are entitled to compensation under the Residential Institutions Redress Bill, 2001. [30234/01]

There are five special schools for young offenders under the aegis of my Department. They are Trinity House, Oberstown, Lusk, County Dublin, Oberstown Boys Centre, Oberstown, Lusk, County Dublin, Oberstown Girls Centre, Oberstown, Lusk, County Dublin, Finglas Child and Adolescent Centre, Kildonan Road, Finglas West, Dublin 11, and St. Joseph's Special School, Ferryhouse, Clonmel, County Tipperary.

I am concerned to ensure that the highest standards of care and child protection are provided for the young people in the care of these schools and that any complaints are investigated thoroughly by the relevant statutory authorities.

Each of the schools has formal procedures in place to investigate any such complaints. A senior management member is appointed in each school to serve as the designated child protection officer to ensure that all complaints are fully investigated and passed on to the relevant statutory bodies such as the Garda and-or health authorities for formal investigation where required. The procedures do not involve reporting individual complaints to my Department. That said, where my Department becomes aware of allegations of abuse the matter is brought immediately to the attention of the management authorities who are directed to invoke the procedures as set down.

As an additional safeguard to enhance the levels of child protection, my Department is currently developing formal standards governing the operation of these schools. The introduction of these standards will be followed by a system of independent inspection of each of the schools concerned. Independent inspection will provide further assurance concerning the complaints systems procedures being followed and help to identify any weaknesses and deficiencies that may exist.

The scheme of compensation proposed in the Residential Institutions Redress Bill, 2001, would not include young people under the age of 18 who have been victims of abuse in the juvenile centres. The scheme is intended for people for whom the normal legal processes present very significant and, in many cases, insurmountable obstacles. Not least among these obstacles is the passage of time since abuse allegedly occurred, the difficulty this poses for establishing any facts of alleged abuse and the application of the Statutes of Limitation. These obstacles do not apply in the case of a young person. As the law stands at present their parents may sue on their behalf in respect of injuries received if they have suffered abuse in an institution. Alternatively the young person himself or herself may sue for damages on reaching the age of 18.
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