Statement by Minister Fitzgerald in relation to issues in the Children Court

Minister Fitzgerald acknowledged the comments made today in the Dublin Children Court, in relation to the detention of young people and she reiterated that substantial reforms have been implemented in relation to the issue.

The Minister said; “For the first time under this Government we do not have 16 year olds being sent to adult prisons. For decades, this state locked sixteen year old boys in adult prisons, we have stopped that. This Government has grasped the challenge of ensuring that proper facilities will be available in a suitable setting by committing €50 million to the development of a new campus at Oberstown.”

In the last three years since the decision was made to end the use of adult prisons for sixteen year olds, there has been effectively a threefold increase in 16 year olds detained by order of the court

The number of 16 year olds in St. Patrick’s Institution in 2011 was 11, in 2010 was 10. Since the decision was taken to remove 16 years olds from St. Patrick’s Institution, the number detained in Oberstown doubled to an average occupancy of 21 in 2012, then trebled to 31 in 2013. In recent weeks the average occupancy has risen to 36. The Minister pointed out that this is either the result of a most unusual peak in juvenile crime, or a vote of confidence by the judiciary in Oberstown in providing more appropriate services for 16 year olds that St. Patrick’s Institution and that the Department was working to create available places beyond the threefold increase already seen since 2011.

“My Department is working closely with the Board of Management to resolve the staffing issues which have delayed the opening of an 8 bed unit in Trinity House School. I am anxious that these additional spaces are made available as soon as possible,” said Minister Fitzgerald.

The Minister assumed legal responsibility for the Children Detention Schools (CDS) in Oberstown on 1 January 2012. On 2 April 2012, the Minister announced a capital investment package for the Oberstown children detention schools project in Lusk, Co Dublin. This project is on target and will result in sufficient capacity to extend the child care model of detention to all young people under the age of 18 years by mid – 2014 when construction of additional accommodation is completed, and fulfil the Government commitment to end the practice of detaining young people in St Patrick’s Institution. Tenders for the new development were due on 3 May 2013 and the evaluation of tenders received will be carried out by the Office of Public Works over the coming weeks. Construction of the project is due to start on site in July.

With effect from 1 May 2012, the Minister also announced the ending of the practice of detaining 16 year old boys in St Patrick’s Institution through using existing capacity that was available on the Oberstown children detention school campus. Since July 2012 there have been no 16 year old boys detained in St Patrick’s Institution.

Following extensive conciliation and staff consultation facilitated by the Labour Relations Commission, a new cross campus roster which provided for flexibility in the deployment of staff across the campus came into operation with effect from 25 February 2013. An audit of the new rostering arrangements is underway allowing the efficiency and effectiveness of the new arrangements to be reviewed and improvements made.

The Minister commented that the negotiation of the new staff rosters was a key development which is intended to provide the flexibility in the deployment of staff across the Oberstown campus. Prior to these rosters it was not possible for management to assign staff to different schools on the same campus. This was a longstanding practice for over 30 years. Successfully resolving this issue was a priority in boosting productivity and the most effective deployment of all staff. She added:

“The bed management system, which is operated by the Irish Youth Justice Service of my Department operates on a 24 hour basis and will ensure that available beds are notified to the Courts as they become available”

At the end of April 2013 the Minister for Children and Youth Affairs obtained Government approval for the general scheme of a Children (Amendment) Bill which will now be drafted by the Office of the Attorney General.
The Minister said “The Children (Amendment) Bill will give effect to the amalgamation of the three children detention schools and is an important step to complete the integration reform process which has been underway in this sector in recent years.”

The Minister added “The general objective of the Bill is to amalgamate the three children detention schools on the Oberstown campus, Lusk, Co Dublin. This will underpin and build on successes achieved to-date at that site in relation to the more efficient use of resources, common policies across the schools and improved capacity for implementing the child care model of detention. The Bill will also facilitate the necessary legal changes to cater for the transfer of responsibility for all children under 18 years from St. Patrick’s Institution to the children detention schools, which is a priority in the Programme for Government.

The Minister also said “Major operational reform is underway with significant changes in historic work practices already implemented. These productivity improvements will allow the full facilities on the site to be used to address the increase in court demands.”