Dan Neville
Question:703 Mr. Neville asked the Minister for Justice, Equality and Law Reform the sections of the Children Act 2001, which have not been introduced by Ministerial Order. [11425/04]
View answerTuesday, 27 April 2004
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The Children Act 2001 is very complex and comprehensive legislation. For those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Children Act 2001 lies with three Departments: Justice, Equality and Law Reform, and Education and Science in respect of juvenile offending, and Health and Children in respect of children who are non-offending but out of control. The national children's office is co-ordinating the cross-departmental aspects of the implementation of the Act.
Three main areas of the Act for which I have responsibility remain to be brought into operation. These concern the age of criminal responsibility, community-based options, and the provision of children detention centres for 16 and 17-year-old offenders.
One of the primary aims of the Children Act is to expand the options a court will have at its disposal when deciding on how to deal with a young offender. The community-based options provided for in the Act will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act generally envisages committals to custody of young offenders being availed of only in situations where other diversions and community-based options have been resorted to and have failed.
The successful implementation of the community-based options in the Act will require a very significant input from the probation and welfare service. The probation and welfare service, as part of its planning for implementation of the Children Act 2001, engaged trainers from the Department of Child, Youth and Family in New Zealand for the intensive training of all professional staff as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act as well as providing day seminars for all probation and welfare officers. The service will provide ongoing training through its staff development unit as required. It is the intention that community sanctions provided for in the Act will commence to be implemented on a phased basis from June 2004.
Under the Children Act, I, as Minister for Justice, Equality and Law Reform will be obliged to provide separate detention facilities for 16 and 17-year-old males and females who are committed to custody by the courts either on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.
In line with this, a new facility for male juveniles in this age group will open at St. Patrick's Institution in the near future. This unit, which was designed by a multi-disciplinary team, will include a custom-designed facility for the delivery of education, recreation, medical and therapeutic services. The longer-term provision of a dedicated facility on a greenfield site for 110 juveniles — 90 male and 20 female — is also being considered. Having considered a report by the Commissioners of Public Works and the recommendations made and having conferred with the director general of the Irish Prison Service, I decided some time ago that the proposed development of such a facility at Newlands Villa, Naas Road, Clondalkin, Dublin 22, would not now proceed. The identification of another site for the proposed juvenile detention facility is now being pursued in consultation with the director general of the Irish Prison Service and the Office of Public Works.