Denise Mitchell (Dublin Bay North, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister and thank her for her opening statement. As she said, since the end of March 2017, no child has been held in an adult prison. This is very significant and has been a long time coming. Well done to the Minister in that regard.

Let me touch on single separation. At the last meeting, I made a point to the director of Oberstown that I had really serious concerns about the use of single separation. While I and all other representatives here understand the need for it to be used in a limited set of circumstances, we were all really concerned about how frequently it was being used. The HIQA report issued in March found there were 3,027 incidents of single separation in 2016. All of us here find that deeply worrying.

I raised with Mr. Bergin the fact that the HIQA report noted concerns were raised over the prolonged periods in which children were held in single separation. I want to raise this with the Minister also. I and others here were very unimpressed with the response we got regarding a child who was held for nine days in single separation. Let me quote page 20 of the report: "[I]n the case of one child, the first record of the child getting out for fresh air in the yard was on the day eight after initial separation." We all agree that, with the poor quality of record-keeping at the campus, it is very hard for us to draw conclusions. The child could have been out on other days but, because there were no records, we do not really have visibility as to what is actually occurring.

In the Minister's opening statement, she said progress has been made and that the unit managers are monitoring single separation and have put measures in place. The Minister said this includes an improved record-keeping system. This is welcome. Does the Minister believe the current guidelines on the use of single separation are sufficiently robust? Is she confident that, in any future reports from HIQA, there will be a massive improvement in that regard?

The Minister made reference to the High Court case that found a limited breach of constitutional rights for young people and single separation. Following that ruling, the Irish Penal Reform Trust called on the Government to introduce a legal framework governing the holding of children in single separation. Is this a matter that the Minister has considered and pursued? What is her opinion on it?

Page 23 of the report concerns Tusla and the reporting of incidents in respect of child protection. Three reports were sent to Tusla from the DLP at Oberstown. I find it very concerning that Tusla did not acknowledge receipt of these complaints.