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Juvenile Offenders.

Dáil Éireann Debate, Thursday - 25 November 2004

Thursday, 25 November 2004

Questions (237, 238, 239)

Bernard J. Durkan

Question:

235 Mr. Durkan asked the Minister for Education and Science if she will examine the precise nature and extent of accommodation required for young offenders and arrange for the provision of the necessary facilities without delay; and if she will make a statement on the matter. [30876/04]

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Bernard J. Durkan

Question:

236 Mr. Durkan asked the Minister for Education and Science if she has directly or in conjunction with other Departments examined the need for the urgent provision of accommodation for young offenders with a view to breaking the sequence of crime in which they have become involved; and if she will make a statement on the matter. [30877/04]

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Bernard J. Durkan

Question:

243 Mr. Durkan asked the Minister for Education and Science the number of juveniles in detention; the number of such places required and the extent to which those currently detained receive educational instruction; and if she will make a statement on the matter. [30884/04]

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Written answers

I propose to take Questions Nos. 235, 236 and 243 together.

My Department is responsible for the provision of residential services for children, generally up to 16 years of age, who have been convicted of an offence or placed on remand by a court. Five special schools for young offenders operate under the aegis of my Department. These have an occupational capacity of 114 residential places, comprising 99 places for boys and 15 places for girls. On Friday last, 19 November 2004, 78 of the 114 beds were occupied.

These special schools operate pursuant to the terms of the Children Acts, 1908 to 1989, which will be replaced by the Children Act 2001 when the provisions of the latter Act are commenced. The Children Act 2001 provides a new legal framework for my Department, the Department of Justice, Equality and Law Reform and the Department of Health and Children and their agencies in the delivery of support services for children with special care needs and those in conflict with the law. The Act provides for a major reform of the juvenile justice system and enshrines the principle of detention as a last resort.

My Department has responsibility for the implementation of Part 10 of the Act, which provides for the establishment of children detention schools to replace the existing special schools for young offenders. While some preparatory work is ongoing within my Department, Part 10 of the Act cannot be commenced until separate detention facilities are provided for 16 and 17-year-olds by the Department of Justice, Equality and Law Reform. The capacity requirements of the special schools for young offenders have been declining in recent years, with the provision of facilities for "out of control" young people within the health sector, the increasing view of detention being a last resort as enshrined in the Children Act 2001, demographic developments and the development of alternatives to custody.

A key consideration in commencing Part 10 of the Act is the identification of the appropriate number of residential places required. In this context, my Department commissioned an international expert in residential care to undertake a preliminary review of the residential requirements for children detention schools to ensure that sufficient and appropriate places are provided into the future. The review report does not envisage any significant change in requirements in the short term and in the medium to long term, it envisages a reduction in demand for residential places for young offenders following the implementation of the Children Act 2001 and the increasing availability of early intervention measures and alternatives to custody. This reduction in demand will be coupled with a higher turnover and a more demanding population.

Having received the review report, my Department consulted with the Special Residential Services Board, which has been established on a statutory basis pursuant to the Children Act 2001 and whose functions include advising on the level and nature of residential accommodation required for children detained in children detention schools. The board, having considered the review report, has recommended a bed capacity of 88 places plus six step-down places for young offenders who are under the age of 16. Since April 2004, all bed requests for the special schools for young offenders from the courts have been channelled centrally via the Special Residential Services Board and my officials are liaising with the board in monitoring the demand for beds across the sector.

My Department is embarking on a capital redevelopment programme at the schools for young offenders located at Oberstown, Lusk, County Dublin. This programme will have regard to the number of remand and committal places required, the provision for boys and girls, the educational and recreational needs of the young people as well as the implications of shorter periods of detention envisaged under the Children Act 2001. The dual function of St. Joseph's Special School, Clonmel, which caters for both offending and non-offending young people, and its certification under the Children Act 2001 are also being addressed. On the finalisation of this process, the Department proposes to agree a strategic plan for the children detention schools sector. In addition ongoing capital is being invested to ensure that the schools meet modern child care standards in accordance with best practice internationally.

All of the special schools for young offenders operate on a multi-disciplinary basis and offer individual care and education plans for the young people in their care. The aim of these programmes is to build upon the strengths of each individual young person. Many of the students in these schools present with particular problems in literacy and numeracy and a programme is designed for each student on the basis of his or her needs and abilities. Educational programmes can range from intensive learning support in literacy and numeracy to a wide range of academic and practical subjects that can be studied up to state examination level. The schools prepare students for the junior certificate examination and for the Further Education and Training Awards Council, FETAC, modules in each subject area where suitable. Of the 78 children resident in the schools, 49 are preparing for state examinations.

I refer to the recent establishment of a project team the Minister for Justice, Equality and Law Reform to examine the scope for rationalising and restructuring the State's services in the area of youth justice, with a view to improving the State's capacity to respond to juvenile offending.

Question No. 237 answered with QuestionNo. 67.
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