Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

126. To ask the Minister for Children and Youth Affairs if he will provide details of the reported 16 boys currently being held in adult prisons; when these boys will be placed in more age-appropriate settings; and if he will make a statement on the matter. [7693/15]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I raise the issue of the 16 boys aged 17 years currently detained in the adult prison system. Yesterday, HIQA published an inspection report on the Oberstown campus which highlights significant risks for the children aged up to 16 years currently detained there. There is frequent use of single separation, a lack of holistic assessments and a lack of care planning. What assurances will the Minister give regarding these serious shortcomings and failures with the transfer of the 17 year olds expected in the not too distant future?

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The programme for Government commits us to end the practice of detaining children in adult prison facilities. Significant progress has been made in implementing this important objective. Before this Government took office, both 16 year old and 17 year old boys were detained in the adult prison system. The transfer of responsibility for 16 year old boys to the children detention schools was implemented in May 2012. The Government commitment will be met in full this year when the extension of the Oberstown campus will result in the transfer of responsibility for 17 year old males from the adult prison system to the children detention schools. On 19 February 2015, three 17 year old boys were detained on remand in St. Patrick's Institution and the number of 17 year old boys serving a sentence of detention in Wheatfield Prison was 12.

The Oberstown capital development project will enable the extension of the child care model of detention. This focuses on education and rehabilitation to minimise reoffending and will apply to all those under 18 ordered to be detained by the courts on criminal justice charges. The development will also provide associated education, recreation, visiting, security and other ancillary facilities. It will mean that all detention services for children are delivered in a single location, maximising the scope for ensuring best practice standards and for operational efficiencies.

The first five units of new residential accommodation have been handed over to the Oberstown campus. To ensure safe and secure custody of children in the new buildings and to meet the appropriate health and safety standards, a period of training and orientation is required for newly recruited and existing staff, testing of equipment and the fitting out of the new units. This process is continuing and is due to be completed shortly.

To transfer responsibility for all 17 year old boys, we need to achieve the required complement of new care staff to work in the expanded facilities and the passage of necessary legislation to ensure that all legal issues are fully addressed.

Additional information not given on the floor of the House

A campaign is ongoing to recruit in excess of 60 new care staff for the operation of the expanded Oberstown campus, and 38 staff have been recruited to date. My Department is progressing the necessary legal changes required to transfer responsibility for 17 year old boys from adult prison facilities by amending the Children Act 2001. It is intended to publish as soon as possible the Bill that will give full effect to these amendments and to enact the legislation without delay. When these steps have been achieved, the practice of detaining children in adult prison facilities will cease as early as possible this year.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It is critical, as we move towards the transfer of the final cohort of children out of the adult prison system, that the facility that is to receive them be operational to the highest and most appropriate standards. That very definitely is not the case, as the report published yesterday by HIQA clearly underscores. The frequent use of single separation for young people is deeply concerning for each and every one of us. It is a practice that should be employed only in very serious circumstances as a last resort but, according to the report, that does not appear to be the case.

The absence of holistic assessments and proper care planning is also very worrying. We need to see direct involvement by the young people themselves and all the others who have an appropriate input to make in the determination of the care plans.

Is the Minister aware of the serious concerns that are reflected in regard to the current regime in Oberstown? Is he taking any steps to ensure it is fit for purpose in regard to the current number detained and the transfer of responsibility for 17 year old boys? When in the not-too-distant future will the transfer occur?

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

A campaign is ongoing to recruit more than 60 new care staff for the operation of the expanded Oberstown campus, and 38 staff have been recruited to date. My Department is making progress on the necessary legal changes required to transfer responsibility for 17 year old boys from adult prison facilities by amending the Children Act 2001. It is intended that the Bill to give full effect to these amendments will be published as soon as possible and that the legislation will be enacted without delay.

The HIQA report related to October. Since that time, a comprehensive action plan has been agreed with HIQA and Oberstown management as part of the report.

The actions include revised guidelines on the implementation of existing campus policies in the areas of separation of children and medication management. Other actions being taken include an agreed training schedule for staff in the areas identified in the report - for example, behaviour management, fire safety and manual handling.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I have to ask the Minister, in the light of the publication of the report yesterday, and previous commentary relating to the Oberstown campus management, if he has, and if we can have, confidence in the current management's commitment and ability to ensure that the system in operation there is of the highest standard and fit for purpose, and is acceptable for the current numbers in occupation and those who are soon to be moved to the facility? Would the Minister indicate to us when the 17 year olds will be moved?

In regard to the McElfatrick report - I have raised this previously - my certain personal view is that this report has been suppressed, and I fear there are reasons for that-----

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

A question, please.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

-----that are not evident to us. Will the Minister consider publication of the McElfatrick report, which I believe will shed light on the current state of affairs, and that which has applied in regard to Oberstown over some considerable time past? Without that report being in the public domain and properly acted upon, we will see a continuation of the failings and shortcomings that have given rise to such public concern about Oberstown, which is the worst possible backdrop to the final transfer of young children out of the adult prison system to that new entity.

On the commissioning of the new development at Oberstown, we need to be starting afresh, with the certainty that we have a service that is fit for purpose and of a standard of which we could all be proud.

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy asked me if I had confidence in the management at Oberstown to ensure that we have standards in place that are safe. I have confidence in the management there. They have put in place a plan that will address the Health Information and Quality Authority, HIQA, report. The actions and the timelines are agreed with HIQA. That is certainly our intention. However, there has to be a realisation in this House that some of these young men or older children are 17. Some present with exceptionally challenging behaviour from time to time. The training that the staff get in the facility is to help them deal with and de-escalate those behaviours but it is not always possible to so do, as we all know.

The Deputy asked me when the transfer of 17 year olds will be complete. I hope to bring the Bill to Government in April.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

And the McElfatrick report?

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will cover the McElfatrick issue as well, but in regard to this Bill, we have had a huge number of complications in what seemed like a simple piece of legislation. When it is being examined by parliamentary counsel, questions come back in volumes with regard to policy issues, etc. We are dealing with them. We would like to see it expedited. We want to meet our commitment and we will.

In regard to Mr. McElfatrick, the report is the subject of an ongoing process and I am advised that no steps can be taken at this time which could be interpreted as prejudicial to the process.