Vol. 555 No. 2
337 Mr. Durkan asked the Minister for Health and Children if he will enter into negotiations with his colleagues, the Ministers for Justice, Equality and Law Reform and Education and Science, with a view to dramatically addressing the urgent need for custodial or care places for juveniles; and if he will make a statement on the matter. [18393/02]
Progress has been made on the need for custodial or care places for children. The Department of Health and Children and the Departments of Justice, Equality and Law Reform and Education and Science are currently involved in a multi-agency approach to developing responses, including the provision of custodial or care place provision where necessary, for troubled and troublesome young people. This work is taking place in the context of the ongoing implementation of the Children Act, 2001.
As the Deputy is aware, the Cabinet committee on children decided that the National Children's Office should take the lead role in co-ordinating the implementation of the Children Act, 2001. The working group established by the National Children's Office for this purpose comprises high level representation from this Department and the Departments of Justice, Equality and Law Reform and Education and Science and their respective local level agencies. The working group meets regularly to review progress in implementing the Act and to bring forward further proposals for implementation. To date, the Cabinet committee on children has approved proposals prepared by the working group relating to the provisions of the Act to be commenced in 2002 and 2003. The first commencement order under the Act was signed by the Minister for Justice, Equality and Law Reform on 23 April 2002. The order, which came into force on 1 May 2002, provided for, inter alia: the establishment of the Garda diversion programme on a statutory basis and the introduction of a “diversion conference” based on restorative justice principles as pioneered in New Zealand; the establishment of the Children Court; the introduction of a fines structure for children found guilty of offences and the payment of compensation by parents in respect of offences committed by their children; the introduction of a curfew for children found guilty of offences; court orders to parents to exercise proper control over their children; the updating of the law on cruelty to children and persons who cause or encourage a sexual offence on a child; reversing the burden of proof on parents whose children are found begging; a limited “clean slate” in respect of most offences committed by children; provisions relating to the safety of children at entertainments.
Other significant provisions to be commenced in 2002 include: health boards to be given additional powers which will allow them to seek special care orders in the District Court for children in need of special care and protection; the introduction of family welfare conferencing by health boards; the replacement of reformatory and industrial schools with children detention schools; the establishment of the special residential services board on a statutory basis, the board is currently operating on an administrative basis.
While there is a significant emphasis in the legislation on residential and custodial care being a last resort, the provision of appropriate residential facilities and services to assist these children and facilitate their reintegration into their communities will continue to be a priority. In this regard, the National Children's Office, through the working group, continues to monitor the plans for the delivery of the new and refurbished residential services, including the new detention centres already approved by the Government.
With regard to the provision of care and custodial places for children, I would like to point out that capital investment of approximately €40 million is being made available by the Government through the health boards to put in place additional high support and special care places, to provide for a small group of children who need more intensive intervention than mainstream residential or fostercare services. Facilities with more than 120 places have been put in place. These include Crannóg Nua high support unit in Portrane and Rath Na Óg high support unit in Castleblayney which have recently commenced operation and will be brought on stream on a phased basis. In addition to these, Coovagh House, a five place special care unit in Limerick has been completed and is due to open before the end of the year.
Working with children with challenging behaviour is a difficult and challenging task. While health boards have experienced some difficulty in recruiting and retaining suitably trained staff, progress has been made in this area through recruitment abroad and the expansion of training courses. A new career and pay structure for child care workers was introduced last year. This aims to ensure that more people are attracted into child care and to ensure that child care workers are trained to an appropriate level.
The Minister for Education and Science has statutory responsibility for the provision of residential places for children up to the age of 16 years who are referred by the courts. The five special schools for young offenders under the aegis of the Department of Education and Science can provide residential accommodation for up to 162 children, including 31 remand places. The current operational capacity is 123 places. The operational capacity of these special schools fluctuates from time to time to facilitate refurbishment and new developments. In addition, capacity is also reduced where a special school is required to make special arrangements in order to cater for a particularly difficult child.
The Department of Education and Science is currently implementing a major capital development plan in the special schools for young offenders to ensure that the schools meet obligations that will arise under the Children Act, 2001, in addition to ensuring that they meet modern child care standards. This will result in a total of 181 places for young offenders. The Department has also commissioned an independent review of the residential requirements for young offenders and this report will be available shortly. This review will inform future development plans in this area.
The Minister for Justice, Equality and Law Reform has responsibility for the provision of accommodation for young offenders aged between 16 and 21 years. St. Patrick's Institution and Shanganagh Castle are specifically designated to cater for this age group and currently have a combined capacity of 299. The majority of offenders under 18 years of age are detained in these two institutions as well as in Fort Mitchel and Wheatfield Prison. On average, there are 90-100 offenders aged 16 and 17 detained in the various prisons and places of detention under the administration of the Irish Prison Service.
Under the Children Act, 2001, the Minister for Justice, Equality and Law Reform is obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts either on remand or under sentence. A 38 bed unit for young males in this age group with full support facilities will be provided on a dedicated site adjacent to Cork Prison. Preliminary site works have already been completed. A facility will also be provided in the Dublin area for 110 offenders aged 16 and 17 years. The Irish Prison Service is actively seeking to secure a greenfield site in the Greater Dublin area on which it would be hoped to provide a facility for up to 90 boys and 20 girls in the age group mentioned.
As the Deputy is aware, the Minister for Justice, Equality and Law Reform in co-operation with the Minister for Education and Science has agreed to make available up to 20 places in St. Patrick's Institution for young people aged 14 and 15 years. The Minister for Justice, Equality and Law Reform sees this development as a short-term measure, pending the availability of additional places in the Department of Education and Science facilities.
Upon completion of the capital developments outlined above it is considered that there will be sufficient numbers of places available in the welfare and juvenile justice systems.
I alert the Deputy to the crucial role to be played by the Special Residential Services Board in ensuring the effective use of detention places for young offenders and special care places for non-offending children. It should be noted that under the Children Act: it will be no longer be possible to "mix" these two groups of children in the same residential centre; courts will not be able to impose a period of detention on a child under sixteen years of age unless a place is available in a special detention school; no court shall pass a sentence of imprisonment on a child or commit a child to prison.
The SRSB will advise the courts on the availability of places in both types of residential units and finding a suitable residential placement for individual children. The SRSB has responsibility for monitoring and regularly reviewing the level of detention and special care places available and for recommending any necessary changes to the relevant Ministers. The SRSB is operating on an administrative basis at present. The aim is to have the board operating on a statutory basis by the end of the year.
