Dáil Éireann Debate, Thursday - 19 February 2004
53 Ms McManus asked the Minister for Education and Science the progress made with regard to the implementation of the areas of the Children Act 2001, for which his Department has responsibility; and if he will make a statement on the matter. [5245/04]
View answerThe Children Act 2001 introduces a wide range of innovative measures that will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. Responsibility for implementing the Act lies with three Departments: my Department, the Department of Justice, Equality and Law Reform and the Department of Health and Children. The Minister of State with responsibility for children, Deputy Brian Lenihan, with the support of the National Children's Office, is leading the interdepartmental working group to co-ordinate the phased implementation of the Act.
My Department has sole responsibility for the provision of residential services for children up to age 16 who have been convicted or placed on remand by a court. There are five schools for young offenders under the aegis of my Department providing such services. The schools are governed by the terms of the Children Acts 1908 to 1989, which will be replaced by the Children Act 2001 when the provisions of the latter are commenced.
My Department has responsibility for Part 10 of the Act, which provides for the establishment of children's detention schools to replace the existing reformatory and industrial schools. These provisions cannot be commenced until separate detention facilities are provided for 16 and 17 year old boys and girls. Part 11 of the Children Act 2001 provides for the special residential services board, which was established on a statutory basis on 7 November 2003. Part 11 is jointly the responsibility of the Ministers for Health and Children and Education and Science and its functions are to provide policy advice to the Ministers on the remand and detention of children and ensure the efficient, effective and co-ordinated delivery of services to children in respect of whom children's detention orders or special care orders are made. To facilitate the appointment of the special residential services board, section 159(1) of the Children Act 2001 was partially commenced to allow for the membership of representatives of the children's detention schools.
A key consideration for my Department in commencing the Children Act 2001 is the identification of the appropriate number of residential places required under the new arrangements. An independent internationally recognised expert in the field of residential care was commissioned by my Department to review the residential requirements for these detention schools. This review does not envisage any significant change in requirements in the short term. In the medium to long term the review suggests that with the implementation of the Children Act 2001 and the increasing availability of early intervention measures and alternatives to custody envisaged, there will be a reduction in demand for residential places for young offenders. The views of the special residential services board on the report were received by my Department and are currently being considered.
