Dáil Éireann Debate, Tuesday - 10 July 2012
29 Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the position regarding the dialogue between her and the Department of Justice and Equality regarding the transfer of certain youth justice functions to her Department; and if she will make a statement on the matter. [33330/12]
View answerI am pleased to inform the Deputy that towards the end of 2011, following discussions at Ministerial and Official level and in consultation with the Attorney General, it was agreed that certain youth justice functions would transfer from my colleague the Minister for Justice and Equality to myself as the Minister for Children and Youth Affairs. Advices were received from the Office of the Attorney General in relation to the legislative mechanism to be used to effect such a transfer. It was agreed that responsibility for the Children Act, 2001 would be shared between my Department and the Department of Justice and Equality. The position is that:—
The Minister for Children and Youth Affairs is responsible for the Children Detention Schools at Oberstown, Lusk, Co. Dublin which provide detention places to the Courts for girls less than 18 years old and boys less than 17 years old ordered to be remanded or committed on criminal charges;
The Minister for Justice and Equality retains responsibility for all aspects of the Children Act related to crime detection (including anti-social behaviour), diversion, prosecution, court proceedings, community sanctions, age of criminal responsibility. The Minister also retains responsibility for dealings with An Garda Síochána and the Probation Service.
The formal transfer of statutory responsibility came into effect on 1 January, 2012 on foot of an Order of the Taoiseach by Statutory Instrument (S.I. No. 668 of 2011).
The staff of the Irish Youth Justice Service (IYJS) moved to my Department in November 2011 in anticipation of the transfer of functions. With effect from 1st January, 2012, the IYJS is staffed by officials from both the Department of Justice and Equality and my Department. This is a practical example of this Government's commitment to explore new and more flexible ways of working effectively to achieve cross-departmental collaborations.
The IYJS will develop a National Youth Justice Action Plan later this year which will sit within the Children and Young People's Policy Framework currently being developed in my Department but will also form part of the National Anti-Crime Strategy being developed as part of the draft White Paper on Crime being finalised by Minister Shatter.
I am very pleased that the practice of sending 16 year olds to St. Patrick's Institution has been ended. I made an order by Statutory Instrument (S.I. No. 136 of 2012) that, with effect from 1st May 2012, all newly remanded or sentenced 16 year olds are being detained in the children's detention facilities at Oberstown. On 2nd April 2012, I also announced that capital funding of approximately €50 million over three years has been secured to develop new and expanded facilities at the children detention schools at Oberstown in Lusk, Co. Dublin so that, within two years, all those under 18 who need to be detained will be sent to dedicated child-specific facilities on the Oberstown campus.
I can also inform the Deputy that, in conjunction with my colleague Alan Shatter TD, Minister for Justice, Equality and Defence, I have made an Order by Statutory Instrument (S.I. No. 210 of 2012) which extends the remit of the Ombudsman for Children to consider complaints by and on behalf of children detained in St. Patrick's Institution.
