Priority Questions.
93 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he is satisfied that the Garda Síochána is sufficiently resourced to tackle gangland crime; and if he will make a statement on the matter. [22611/07]
View answerLast week in a lengthy debate in this House on tackling crime I made the point that the Government has a duty to vindicate the rights of citizens to enjoy their lives and their property peaceably. I repeat the assurance I gave to the House that this Government will never be found wanting in taking whatever measures can reasonably be taken to tackle crime. I also said it is my intention to prioritise areas such as gun crime, organised crime and drugs and public order. At the very forefront of those measures is providing the Commissioner of the Garda Síochána with the level of resources he needs to tackle crime in all its shapes and forms.
The current programme for Government re-affirms the commitment to increase Garda strength to 15,000, with a target date of 2010, with a commitment to further increase Garda strength to 16,000 by 2012. The current strength of the Garda Síochána is 13,288 with a further 1,358 recruits in training.
Approval has also been given for the recruitment of 600 civilian staff, 300 of whom have already been assigned. The civilianisation of non-policing functions is a priority development for the future of the force. As set out clearly by the Garda Síochána inspectorate, international best practice focuses police officers on core policing functions. Civilianisation will release many gardaí for the operational duties for which they are professionally trained.
The Garda budget now stands at €1.44 billion. This compares to just over €0.9 billion five years ago. Garda overtime this year will total about €140 million. This compares to €66 million five years ago. The Garda fleet is undergoing major modernisation. Last year €24.7 million was used to purchase 1,378 vehicles for the force, renewing over half the entire fleet. The national development plan provides €260 million over the next five years for Garda stations and other accommodation. This level of resources translates into tangible improvements with increased and improved levels of policing on the ground.
Additional information not given on the floor of the House.
Technology is and will continue to be an essential tool in supporting the gardaí in their day to day work and I am determined that the gardaí will have access to state of the art technology in carrying out their duties. The Garda Síochána will deploy the latest technology to enhance its capability to effectively tackle gangland crime. A new national digital radio system is being implemented over the next two years. Over 17,000 radios will be provided for gardaí, in Garda vehicles and other locations. The development of a new major incidents system will automate many of the functions currently being performed manually when a major incident occurs. The roll-out of a new automated fingerprint identification system for the Garda technical bureau is virtually completed. The procurement of a new automated ballistic identification system is underway.
Last week the Garda Commissioner announced significant enhancements to the way in which the investigation of major crimes will be managed by the gardaí. In addition to the appointment of 21 divisional detective inspectors and additional regional detective superintendents, a senior investigating officer will take charge of each serious crime investigation and each serious crime will also have a designated incident room co-ordinator.
Combating gun crime, organised crime and drug trafficking requires a sustained and long-term effort. There is no quick-fix solution. However, this Government and I are committed to continue resourcing the force to face these challenges into the future.
As we awoke this morning to the news of yet another gangland murder in our community I put it to the Minister that not enough is being done to resource the Garda Síochána. In saying that, I accept the Garda Síochána alone will not solve the crime crisis. There is a need for a community response. However, this community response must be led by a properly resourced and properly equipped Garda Síochána. Does the Minister accept the need for modern resources is paramount?
The gangland killings of the type to which we are now becoming accustomed on a daily basis will not be resolved or minimised until the Minister addresses the matter of resources as opposed to mere numbers. I draw his attention to the recently published report of former chief inspector, Kathleen O'Toole, in which she states almost half the Garda stations do not have access to a car. The Garda digital radio equipment promised by the Minister's predecessor ad nauseam has still not been delivered. Will the Minister specify when the contract for the pay and go radio network will be signed? It has been tested on numerous occasions.
I agree technology resources continue to be an essential tool in supporting the gardaí in their day to day work. I am determined the gardaí will have access to state of the art technology in carrying out their duties. In particular, the Garda Síochána will deploy the latest technology to enhance its capability to effectively tackle gangland crime. A new national digital radio system is being implemented over the next two years. Over 17,000 radios will be provided for gardaí in Garda vehicles and other locations. The development of a new major incidents system will automate many of the functions currently being performed manually when a major incident occurs. The roll out of a new automated fingerprint identification system for the Garda technical bureau is virtually completed. The procurement of a new automated ballistic identification system is underway.
Last week the Garda Commissioner announced significant enhancements to the way in which the investigation of major crimes will be managed by the gardaí. In addition to the appointment of 21 divisional detective inspectors and additional regional detective superintendents, a senior investigating officer will take charge of each serious crime investigation, and each serious crime will also have a designated incident room co-ordinator.
Combating gun crime, organised crime and drug trafficking requires a sustained and long-term effort. There is no quick-fix solution but the Government is committed to continuing to resource the force to face these challenges.
Does the Minister agree that these gangsters are not living in fear of anybody and that there is now a subculture of vicious crime that needs to be addressed? Does he agree that the standard stage-managed response of the Government over the past five years or more has been to say that, on foot of a meeting with the Garda Commissioner, the Minister has been assured the question of resources is not an issue? This well-worn mantra is no longer valid in the context of Kathleen O'Toole's report.
Will the Minister comment on improvements for the emergency response unit and his attitude towards arming further units of the Garda Síochána? Will he consider favourably discussing with the Garda Commissioner the concept of introducing the Defence Forces as back-up, if necessary? We are dealing with circumstances in which the Garda is so under-resourced that it is not equipped properly to deal with this issue. We need a response of a kind that has not featured to date.
I do not accept that the Garda is under-resourced — this is not at the heart of the difficulties we are facing — and I do not accept my discussions with the Garda Commissioner are stage managed. As a matter of necessity, every Minister for Justice, Equality and Law Reform must liaise constantly with the Commissioner. As late as yesterday, the Commissioner assured me he has sufficient resources to deal with the intelligence aspects of the problem in question.
Under the relevant legislation, it is not the function of the Chief Inspector of the Garda Inspectorate to advise the Minister on resources; there are plenty of people who give us opinions on resources. It is the function of the inspector to ensure resources are being utilised efficiently and wisely, and the inspector's reports to date on this subject have been of a very high standard and repay study.
On the possible deployment of the Defence Forces, the Defence Forces assist the civil power when required. As the Deputy has raised the question, I will certainly raise it with the Commissioner. Naturally, if the Garda Síochána were of the opinion that it needed the assistance of the Defence Forces to back up the civil power, it would request such assistance. However, it should be borne in mind that the Defence Forces are not trained in policing functions.
94 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform when he will publish the promised Property Services Regulatory Authority Bill; if the Bill will include provisions to regulate the operation of management companies; and if he will make a statement on the matter. [22756/07]
View answerIt is important at the outset to distinguish between the respective roles and functions of property management companies and property management agents. Property management agents undertake property-related services under contract for the property management companies which comprise the residents in multi-unit developments. Since they provide property services, property management agents, together with auctioneers and estate agents, will be covered by the licensing system to be operated by the new regulatory authority that is to be established under the Property Services Regulatory Authority Bill. The Government's legislative programme, published on 25 September, provides for publication of this legislation early in 2008.
Pending enactment of the legislation, an implementation group has been established to assist and advise on practical matters relating to the new authority and to prepare for the new licensing system. The current licensing system in the District Court will be transferred to the new authority. A chief executive designate has been appointed and is engaged in preparatory work for the establishment of the new regulatory structure.
Property management companies, on the other hand, are legal entities incorporated under company law and are subject to its provisions. In December last, the Law Reform Commission of Ireland published a consultation paper on multi-unit developments which drew attention to a broad range of issues arising in respect of the governance and operation of such developments, including problems arising from the manner in which company law currently applies to property management companies. The paper makes it clear that action to address these problems will be required across several policy fields, including company law, consumer protection law and the development of regulatory structures for the companies. In recognition of the cross-cutting nature of the issues identified by the Law Reform Commission in its paper, a high level interdepartmental committee has been established to assist in the development of a coherent and comprehensive response to the problems arising in this area. A key task of the committee will be to identify the legislative and administrative actions that will be taken in response to the definitive recommendations for legislative reform which, following a lengthy consultation process, will be set out in the Law Reform Commission's forthcoming report on multi-unit developments. I expect that the report will be published later this year. I am anxious to make progress with the legislation that will establish an authority to regulate the auctioneers and agents and make some associated changes to regulate the multi-unit development companies.
This issue was being raised in the House, on behalf of thousands of predominantly young people, for two years in advance of the recent general election. Such people are experiencing problems with property companies and their agents which they could not have envisaged. Many of them are contractually wedded to such companies, often without having known in advance that they would be. These companies sometimes arbitrarily increase the fees they charge for services which are often illusory. Is the Minister saying that the Government, notwithstanding the commitment given by the Taoiseach more than 18 months before the general election, is still examining legislative proposals that might afford some protection to the owners of apartments etc., who find themselves in these circumstances? Is the Minister merely proposing to transfer the current licensing system to the new regulatory authority? Is he saying that a broader change is still being examined by the high-level group and is likely to take a considerable amount of time? While I appreciate the distinction the Minister is drawing between management property companies and their agents, I am not sure that young people with mortgages — who are up to their eyes in debt and are getting the run-around from such companies and their agents — will share his sympathy for that distinction. When a young property owner contacts a developer, he or she is usually told to contact the local authority, which refers him or her to the management company, which then refers him or her to the management agent. Young people are being sent back and forth from Billy to Jack without being given much relief from the conditions which oppress them.
I can give the Deputy more assurance than he realises. I drew attention to the distinction between the agents and the companies because separate legislation is required to deal with each of those categories. In respect of agents, the legislation is not restricted simply to transferring the jurisdiction of the District Court to the new authority. The forthcoming legislation will go far beyond that — it is intended that it will regulate not only auctioneers but also the agents which provide the services for the property management companies. At the heart of the legislation that is being drafted is a desire to ensure that codes of practice, qualifications and proper standards are observed by agents. The authority that will operate the legislation has been established on a shadow and provisional basis, pending the enactment of the legislation. That is the position with regard to the agents. I am sure Deputy Rabbitte, on foot of his examination of the working paper that was produced by the Law Reform Commission, is familiar with the complex questions which arose in respect of the companies. The issues raised in the working paper are not simply matters of strict company law — they also concern consumer law and other branches of the law. It is intended to deal with those issues comprehensively when the LRC's report has been received. The interdepartmental committee was established to ensure that the issues being examined by the LRC, which will be reported on before the end of this year, can be dealt with in an expeditious way after the report has been published.
When is it proposed that legislation will be enacted to give a statutory basis to the shadow authority which has been established? Does the Minister accept that significant abuses are affecting thousands of young people?
Some of these property management companies operate as intended for a defined set of services but many of them do not. Many of them are front companies for the developer and they are up to every trick in the book. They know the local authority will not take the estate into charge until it is completed. They will retain a unit in the development so as to forestall other elements of company law that would normally give the residents the ability to direct the affairs of a management property company so that they would have some say in critical decisions.
I ask the Minister to be more precise in his answer to the House as to when these proposals are likely to come before the House.
The legislation in respect of agents and auctioneers will be published early next year. I propose to proceed with that legislation with dispatch.
I agree with Deputy Rabbitte that there have been abuses in this area. There has been a lack of regulation of the agents who provide the services and the traditional model of company law which applies to these companies is not appropriate to the companies that have been established on such a large scale in many new developments.
Some element of management company or management system is desirable in multi-unit developments in order to ensure that common services are properly maintained.
95 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he will take to deal with the high level of repeat offending within the criminal justice system; and if he will make a statement on the matter. [22612/07]
View answerI assure the Deputy that I attach the highest importance to addressing and reducing the rate of repeat offending and recidivism.
My Department commissioned the first major study of prisoner re-offending from the UCD Institute of Criminology, the results of which were published in December 2006. The study found that 27.4% of released prisoners were serving a new prison sentence within one year. This rose to 39.2% after two years, 45.1% after three years, and 49.2% after four years. Recidivism was highest among property offenders and lowest for sex offenders.
These findings are in line with international experience. I understand they may be considered to fall in the mid to lower range of recidivism by international standards. While these figures are high, they still show that just over half of prisoners do not re-offend within four years of release, which compares well by international standards.
In order to reduce the rates of re-offending, it is vital that offenders, or those who come in contact with the law, are targeted at as early an age as possible. Significant progress has been made in recent years in creating a more effective youth justice system, based on principles which are set out in the Children Act 2001, as amended. The office of the Minister of State with responsibility for children has brought greater coherence to children's policy across Departments. The Irish Youth Justice Service, an executive office within my Department which is co-located in the office of the Minister of State with responsibility for children, has responsibility for developing youth justice policy and operating the children detention schools. The youth justice service is working to bring about a more effective youth justice system in which there is strong public confidence.
All the provisions of the Children Act 2001 have now been commenced and the implementation of new community sanctions, which offer the courts a number of ways of dealing with offenders in a non-custodial setting, are being rolled out throughout the country.
Additional information not given on the floor of the House.
The Government has allocated additional judges for the Children Court and it recently approved a juvenile justice and child protection package which provides 88 additional posts for the probation service. The Garda Commissioner has agreed to appoint 28 additional juvenile liaison officers over the next four years.
The new programme for Government contains commitments to double the number of Garda youth diversion projects to 168, to invest in the provision of appropriate detention facilities for youth offenders and to fund the implementation of a range of new community sanctions, including sanctions against the parents of offending youths which came into force last March as an alternative to detention. I recently approved the establishment of an additional 12 new projects, bringing the current total to 93 projects.
I wish to assure the House that the measures provided for under the programme for Government to deal with re-offenders, such as the expansion of the Drug Court programme, the introduction of a community payback scheme, investment in the rehabilitation of prisoners and the provision of Garda powers and resources, will be implemented.
I have dealt in my reply with some of the issues which arise directly in the area of the prevention of re-offending to which the Deputy's question refers. There is also a wide range of measures in place, many of which were discussed in the House last week, to tackle the issue of crime generally, be it committed by repeat offenders or others.
Go raibh maith agat, a Aire. I call Deputy Flanagan.
I am not sure how much of the Minister's reply remains unannounced and will be stitched into the Official Report but I regret that his answer so far gave absolutely nothing in terms of a positive response as to what plan the Government might have to deal with this issue.
I refer to the stark statistics quoted by the Minister. Within four years of release, more than half of these offenders are back in jail. These are not the violent criminal gangsters to which we referred earlier but people who are unemployed and petty criminals for the most part who are being failed by the system. The reason the system fails them is because there is no rehabilitative programme in prisons. The workshops are being closed, educational facilities are being withdrawn, the rate of literacy among prisoners is running at 65% to 70% and nobody is doing anything about it.
I ask the Minister to announce to the House a plan or a policy his Government might have to deal with the question of habitual offending which is contributing to an unacceptable revolving door system within prisons.
There is no revolving door system in our prisons. People serve their sentences as prescribed by law.
They get out and then go back in.
The last time there was a revolving door system, the Deputy's party was in Government. That is a fact.
A great deal is being done about these matters in the prisons. It is not correct to state that the vast majority of our prisoners are petty criminals. People are committed to prison for the commission of many different types of offence. Our record of committing individuals to prison is in the middle range by international standards. It is not as high per head of population as in the United Kingdom and is very low when compared with the United States. People are incarcerated under our system after careful consideration by the courts.
With regard to what is being done, there is a wide range of services in place within the prison custodial system aimed at providing offenders with the means to avoid re-offending following their return to the community. These include work skills training and education, which are matched to individual aptitudes and abilities. A range of medical, psychological and other support services is available. They include: individual and group counselling on offending issues; programmes in the areas of education, vocational training and life skills; drug treatments; specific programmes addressing the factors causing crime; one-to-one counselling and support; and facilitating the involvement of voluntary organisations in appropriate prisoner support services. These programmes are delivered by a wide range of specialist services that operate in the prisons, such as psychologists, teachers, probation officers and prison officers. Education is provided in partnership with a range of educational agencies, including the VECs, the public library services, colleges and the Arts Council.
In 2005, over 50% of the prisoner population participated in educational activities and half of these did so for more than ten hours per week. That is a high participation rate by international standards. There is a particular focus on basic literacy and numeracy education. A work and training programme operates in each prison. As well as organising necessary services such as catering and laundry, it provides work and training opportunities for prisoners while ensuring a high quality of service delivery within the prison. Work and training provide structured vocational training so people in custody can acquire the skills they might require to obtain employment after their release.
A total of 87% of those jailed for defaulting on fines are back in jail within a four-year period. This is indicative that the system is failing. Will the Minister set about putting in place a national support system for prisoners on their release, to assist integration in the community and to reduce the stark but real statistic on those who return to jail within a four-year period?
I will examine the option proposed by the Deputy.
96 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he is taking to deal with the delay in processing immigration and residency applications; and if he will make a statement on the matter. [22287/07]
View answerI take it that Deputy Naughten's question refers to the processing of immigration and residence applications in so far as permission to remain in the State is concerned. There is a broad mix of applications for permission to remain in the State that range from student conditions, work permit conditions, visitor conditions, dependant family members, marriage to an Irish national, EU treaty rights deriving from a spouse from another EU member state, and family reunification for family members of refugees to several other categories. Furthermore, the international nature of immigration, has meant that there is now a wider and more complex range of issues associated with applications for permission to remain in the State, all of which require detailed and careful consideration. Preserving the integrity of the State's immigration, security and social-economic systems, together with maximising customer responsiveness, are at the core of these considerations.
Immigration and residency applications are managed under a variety of administrative and statutory schemes, including several EU, UN and other international directives. These schemes are significant both in terms of the process itself and the number of applications received. Due to the high volume of applications received and the fact that each application has to be considered individually, it has been necessary to assign significant additional resources to the general immigration area in recent years.
The number of immigrants coming to the country over the past decade and wanting to stay here is a reflection of the strength and buoyancy of the Irish economy, and an acknowledgement of the contribution that immigrants have made, and want to continue to make, to Irish society. An indication of the scale of applications can be gathered from the fact that in 2004 a total of 2,235 applications were received from individuals seeking permission to remain or change their residence status.
By 2006, this figure had increased to 8,925 applications which represents a 400% increase in only two years. Likewise, applications under the EU directive on the free movement of persons increased from 355 applications in 2004 to 1,462 applications in 2006. This represents a 411% increase in two years. In addition, 17,920 applications for leave to remain under the Irish born child 2005 scheme were received of which 16,983 were granted. The renewal scheme commenced in February and 11,167 applications had been received by the end of August of which 9,701 were given renewal of leave to remain. Deputies will recall progression was a condition of this scheme.
Additional information not given on the floor of the House.
The level of work across the Irish Naturalisation and Immigration Service is kept under constant review and staff are redeployed regularly to meet these demands. In doing this, it is important to state that the service has finite staff resources and a delicate balance must be struck between the various services which must be supported and the requirement to meet public and customer expectations, including Government priorities at any given time.
In addition to dealing with the various types of immigration and residence applications, the Irish Naturalisation and Immigration Service operates four helplines for applicants for visas, citizenship, residency status and related immigration matters. These helplines have proved to be very worthwhile with large numbers of callers availing of them.
The Immigration Residence and Protection Bill 2007, published in April 2007, is being reviewed with a view to re-publication shortly. This Bill, when enacted, will streamline our immigration system to the benefit of applicant and practitioner alike. It will provide for more rapid processing in certain areas. The new legislation will pull together a wide body of immigration legislation and also for the first time will provide a legal status of long-term resident with rights equivalent to those of Irish citizens. In addition, the legislation will place the visa process on a statutory footing for the first time.
The Irish Naturalisation and Immigration Service will implement new technology platforms, including new visa, fingerprinting and case management systems, replacing some 20 disparate systems. These new systems will deliver better customer service and enable speedier decision-making in respect of applications across the service. The introduction of such systems will provide an end-to-end view of a client in the immigration service and link into IT systems in other Departments. The systems will further strengthen the capability of the State to deal with fraudulent claimants by providing enhanced identity verification capability. Significant savings have been made to the Exchequer in recent years by such enhanced co-operation between the Irish Naturalisation and Immigration Service, the Garda National Immigration Bureau and the Departments of Enterprise, Trade and Employment and Social and Family Affairs.
I have given a snap-shot of the level of business conducted in the Irish Naturalisation and Immigration Service in so far as immigration and residence applications are concerned. I am sure the Deputy will agree that the statistics I referred to are significant and demonstrate the shifting pattern of inward migration dealt with by the Irish Naturalisation and Immigration Service. I am confident that all the necessary steps are being taken by the Irish Naturalisation and Immigration Service to manage the significant level of business it receives across the entire range of services within its remit. I am also satisfied that the resources available to the service are deployed to optimum benefit and that this is proactively kept under review having regard to work flows and service demands.
The Minister did not address the certificate of naturalisation or citizenship in his response. Will he explain the increase of 2,600 applications between 27 September and 4 October? This is an increase of 520 citizenship applications per day during this period and brings the total to 17,000. What is the reason for this and what steps will be taken to cater for the additional demand? The waiting list to deal with these applications is approximately two and a half years. I agree they must be dealt with in detail but surely it should not take this long.
No clear rules or guidelines are set down by the Department for this application process or for other immigration, residency and visa applications. As a result, many applications are returned or refused because of insufficient documentation. This delay facilitates illegal immigration. What specific steps will the Minister take to deal with it and when will we see immigration legislation?
Deputy Naughten raised several matters and I will take them in turn. I am delighted to deal with the question of citizenship which was not asked in his question. The question dealt with residency and immigration which do not of themselves guarantee Irish citizenship. Citizenship rests in my discretion as Minister for Justice, Equality and Law Reform. It is a privilege to be made a citizen of Ireland and a person accepted for citizenship must subscribe to a declaration of fidelity to the nation and loyalty to the State.
I am advised by the citizenship section of the Department that the number of applications for naturalisation yet to be processed to a conclusion is approximately 17,000 and we have had a large increase in these——
In five days.
The applications are processed in a manner which preserves the necessary checks and balances to ensure it is not undervalued and given only to persons who satisfy the necessary qualifying criteria. On average, the processing time is 30 months. This is primarily due to the significant increase in the volume of applications received in recent years. Generally, such applications are dealt with in chronological order as this method is deemed fairest to all applicants.
These applications eventually land on my desk and clear rules and guidelines exist, and I am anxious to establish and see to it that this is the case. I will examine the 1956 Act as amended and the discretion the Minister enjoys with regard to adults, children and spouses to consider whether it is more desirable to have a separate arrangement in respect of each.
I can furnish the Deputy with a table which shows the increase in the number of applications in the past two——
I have it.
A total of 46 staff work on this, 31 of whom work full-time.
Does the processing time of two and a half years lead to major frustration? It is madness. What steps will the Minister take specifically to deal with them in an appropriate time? It is at the Minister's discretion to whom they are given and I have no difficulty in this regard. However, they should be dealt with in a specific timeframe. Will the Minister explain the increase of 520 citizenship applications per day from 26 September to 4 October? Such a large increase in five working days seems amazing.
The Deputy referred to the danger of illegal immigration here. Many countries have a much longer residential period specified for the acquisition of nationality than this jurisdiction.
I was dealing with the other issues.
That is an important point because in no sense can it be suggested that the current manner in which the nationality laws are being administered is encouraging illegal immigration. In regard to the current position, there are 46 staff currently assigned to the citizenship section of my Department——
31 full-time staff.
——of whom 31 work full time and the remainder work various work-sharing patterns, which is a pattern in the modern public service.
There are no telephones.
The constant use of a 'phone to make inquiries in this matter simply delays the process further and at vast cost.
People have no alternative but to put down parliamentary questions.
No civilised State takes two-and-a-half years to process citizenship applications.
We are entitled as a State to process all citizenship applications.
If one ran a business that way one would go bankrupt.
It is a privilege not a right.
It is outrageous.
There are no alternatives to putting down parliamentary questions on the issue.
97 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the consideration given to date to the provision of a new industrial school near Lusk; if a report on what is proposed will be published in advance of a final decision being made; and the effect of the proposal on existing residential institutions for children. [22835/07]
View answerI thank Deputy Shatter for tabling this question because it allows me to outline the correct position. The Government is committed in the programme for Government to invest in the provision of appropriate detention facilities for young offenders. I take the opportunity to clarify that the Government's plans to develop new children detention school facilities do not amount to the development of prisons, and it is misleading to label them as such as some newspapers have done in the past week. The industrial school concept, referred to by the Deputy in his question, has been abolished since the commencement of the relevant sections of the Children Act 2001 earlier this year and the facilities which will be developed will follow the children detention schools model, precisely the model envisaged in the Children Act 2001, as amended. Children detention schools are focused on the care, welfare and education of young offenders within a secure environment. The objectives of these schools are the provision of education and training and the preparation of the young persons to make positive and productive contributions to their communities on their return to them. They are very different to prison environments and they are not staffed by prison officers. The reference to these establishments as prisons or, as the Deputy put it in his question, industrial schools is inaccurate, although I do not fault the Deputy for it because the report appeared in the newspapers.
In October 2004, a youth justice task force was established to examine the entire youth justice system and make recommendations to improve structures and services. A youth justice reform package was brought to the Government arising from this review. Among the recommendations approved by the Government in December 2005 was the transfer of responsibility for children detention schools from the Department of Education and Science to my Department, to come under the auspices of the Irish Youth Justice Service. The Government also agreed to extend the children detention school model from children aged under 16, to children aged up to 18 years, removing all children from the prison system.
There are currently four children detention schools. Three of these: Oberstown Boys School, Oberstown Girls School and Trinity House are located on a single site in Lusk, County Dublin. The fourth, Finglas Child and Adolescent Centre, a former industrial school, is located in Finglas. The transfer of these schools required legislative changes and the necessary amendments to the Children Act 2001 came into effect on 1 March 2007. The existing buildings are in need of substantial investment and redevelopment and new detention school accommodation is needed to extend the system to include 16 and 17 year old children. Young males aged between 16 and 17 are currently accommodated in St. Patrick's Institution. This facility will continue to be used, only as an interim measure, until sufficient children detention school places are completed. Planning for the additional accommodation is under way. Sufficient space is available on land already owned by the State to accommodate any necessary developments.
What is it planned to construct in Lusk? Will a planning application be made? Exactly what facilities will be provided? What educational services will be provided? What is the timeframe for putting this in place? In the context of the Government decision that the new schools, or detention facilities as they are described, will provide for children up to the age of 18 years, why does it appear that a facility is planned to be put into Thornton Hall for children between the age of 16 and 17? Would such a facility not be contrary to the views of the United Nations committee that reviewed our performance under the convention relating to the rights of the child?
The Deputy has asked a number of questions and I will try to answer them in the time available to me. An expert group was established to plan for the redevelopment of the existing school facilities and the development of new facilities for older children. I am sure the Deputy is aware that some of the buildings at Oberstown require refurbishment, which is the first priority. I understand that the planning process is under way for the refurbishment. The group submitted a progress report in December 2006 and is due to submit its final report by the end of this year. It is considering a range of options, one of which is to locate all the facilities on the existing Lusk site where three of the existing schools are located and another is to consider working on the two sites. Sufficient space is available on lands already owned by the State to accommodate these developments. For that reason I want to put on the record of the House that there are no plans to acquire additional lands in the Lusk area for any further developments, contrary to a recent media report.
The Deputy also mentioned Thornton Hall. The proposed development of a juvenile facility on the Thornton Hall site predated the Government decision to establish the Irish youth justice service and to extend the children detention school model to all children under the age of 18 years. The provision of this facility at Thornton Hall will be a temporary measure only, allowing for the earliest possible closure of St. Patrick's Institution. The development of new children detention school facilities to provide for 16 and 17 year old boys is already in the planning stages within the Irish youth justice service. While these new facilities may not be completed as quickly as Thornton Hall, they will not be in any way delayed or postponed as a result of that development. The Irish youth justice service is committed to delivering dedicated children detention school facilities for all children under the age of 18 entirely separate from any Prison Service locations as quickly as possible.
Is the reality not that the part of this proposal most likely to be speedily implemented is the provision of a new facility within the Prison Service in essentially what will be an adult prison complex in Thornton Hall? Does that not run directly counter to the decision in principle made by the Government in 2005? As the Government is waiting for the committee to complete its deliberations and report, is it not the case that no final decisions have been made on the location of new facilities or the type of facilities to be constructed and that whoever leaked the information to the newspapers was premature?
Final decisions have been made in terms of the capital allocations required to develop these facilities.
However, not on the nature of the facilities.
As part of the transfer from the Department of Education and Science to my Department, the necessary capital was secured to ensure that what is required by the under 18 group would be provided. That was not in place before the Government decision in 2006. Clearly detailed planning is required on the best utilisation of our sites and the appropriate facilities that may be required on them. By the end of this year that report will be on the desk of the Minister of State, Deputy Smith, who was delegated responsibility for this area some days ago. At that point final decisions can be taken on the roll-out of these capital investments. The provision of possible accommodation in Thornton Hall is purely a precautionary measure and that accommodation can be used by adults in due course.
