James Reilly (Dublin North, Fine Gael) | Oireachtas source

I hear what the Deputies are saying but I would contend that the primary policy issue being addressed by the Bill is the need to end the detention of children in adult prison facilities. However, I understand the concern expressed by Deputies, which has also been expressed by organisations outside this House, in relation to the relatively high use of remands in custody under section 88 of the Act. This is within the independent remit of the Judiciary but it has been the subject of commentary in our Second Stage debate. Further progress in this area perhaps by enhanced community alternatives for the courts to not place children in custody and remand would make a significant contribution in this area.

I believe that one could argue the case both ways. The low number of people in detention does indicate that we are trying to ensure that detention is absolutely the last resort.

I have asked my Department to inquire further into the possibilities in this area under the current Youth Justice Action Plan 2014 - 2018, in conjunction with other agencies in the criminal justice system. As matters stand, section 88(10) of the existing Act already provides that children shall not be remanded in custody if the only reason for doing so is for reasons of care or protection, or for obtaining the assistance of the Child and Family Agency with the case. We are looking at a bail support scheme and we will make provision for that when we put in our bid in the Estimates for 2016, because I acknowledge there is an issue there.