Oireachtas Joint and Select Committees

Wednesday, 30 January 2019

Joint Oireachtas Committee on Children and Youth Affairs

Oberstown Children Detention Campus Operational Review Report: Discussion

Professor Ursula Kilkelly:

On that specific issue, the board was entitled to make the decision that it made informed by legal advice. People will not like it but the board has the authority to do so. Having commissioned the report, that decision was within its gift to make. The subsequent process involving the Attorney General was with respect to the Minister's decision on whether to publish the report.

On consultation, the board's view was if we were to start circulating the report and asking for input and feedback, it would partly, if not fully, realise the very legal risks we were mitigating against. In particular, the concern was that this would also create a dynamic that would not help us to resolve the matter but which would exacerbate the situation.