Niall Collins (Limerick, Fianna Fail)
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6. To ask the Minister for Justice and Equality if she is satisfied with the number of persons under 25 years of age being committed to prison; the current number of persons under 25 years of age in prison; and if she will make a statement on the matter. [13371/15]

Niall Collins (Limerick, Fianna Fail)
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Will the Minister outline the number of prisoners aged under 25 currently within the prison system? The most recent information available to me indicates there are 844 such prisoners. We have had two reports which referred to this matter, the report by the Oireachtas justice committee on penal reform and the strategic review on penal policy. Will the Minister indicate any plans or proposals she has in light of the recommendations of those two reports?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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On 28 February 2015, there were 774 prisoners in custody under the age of 25. This represents 20% of the total prisoner population of 3,780 on that day. It also represents a 25% decrease when compared with the same date in 2012.

This reduction is due to several factors, including the successful implementation of the Children Act 2001 and the very successful Garda diversion programmes in place throughout the country. We intend to expand that programme this year. Other factors in the reduction in prisoner numbers are the successful supervision of young offenders by the young persons probation service and the provision by the Health Service Executive of high support and special care units, which act as a diversion for complex cases. The children in these units are now receiving more appropriate care than they would have done in the past.

The primary role of the Irish Prison Service is to provide safe and secure custody for prisoners. The service must accept all persons committed by the courts into custody and does not have the option of refusing committals. The service collates and publishes excellent statistical data on a daily, monthly and a quarterly basis, and the data are available on its website.

Responsibility for 16 year old males was assigned to the Oberstown campus in 2012. I take this opportunity to thank the Inspector of Prisons and Places of Detention for his ongoing work in this area. In line with his recommendations to effect changes in regime and culture and ensure the safe and secure custody of juvenile and young adult offenders, a Government decision was taken to close St. Patrick's Institution and invest €56 million in the Oberstown campus.

All 17 year old males currently serving a sentence are in custody in Wheatfield Place of Detention, which focuses on the provision of a comprehensive work and training programme for all offenders, specifically targeting those prisoners aged 21 years and younger.

Additional information not given on the floor of the House

Males of 18 years and older may be sentenced to any committal prison, at the direction of the presiding judge. Prisoners aged 18 years or older may also be transferred from Wheatfield Place of Detention to other prisons for family and other compassionate reasons.

With effect from last Monday, 30 March 2015, the Oberstown Campus is receiving 17 year old males who are remanded in custody. Such children were previously remanded to St. Patrick's Institution, which has long been a matter of concern. Responsibility for the remand of 17 year old males on new remand warrants is now assigned to Oberstown. However, all 17 year old children currently remanded in custody in St. Patrick's will remain there until the expiration of their current remand order. The Irish Prison Service has prepared a contingency plan, where it may be unavoidable that a child has to be temporarily remanded in custody to St. Patrick's Institution, and any such case will be actively managed by close co-ordination with the Irish Youth Justice Service. This is an important further step towards the implementation of the programme for Government commitment to end the detention of children in adult facilities.

In co-operation with the Minister for Children and Youth Affairs, I am anxious to ensure the ending of the practice at the earliest possible date of detaining children in adult prison facilities. I have requested the various agencies concerned in the criminal justice system to co-operate closely in the implementation of this measure. These arrangements will apply until additional facilities have been opened in Oberstown and the Children Act 2001 has been amended during 2015, which will enable the full transfer of responsibility for 17 year old males to the Oberstown Campus, including 17 year olds who are serving a sentence in Wheatfield Place of Detention.

The statistics requested by the Deputy are set out in the following table.

Table 1 - Prisoners aged 17-24 by location

Niall Collins (Limerick, Fianna Fail)
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We all recognise that there must be consequences for young people who break the law, but the focus should be on rehabilitation rather than imprisonment. The problem is that the current prison regime is not focused on rehabilitation. The statistics in regard to recidivism prove that, with up to 62.3% of prisoners re-offending within three years.

Of that 62%, 80% reoffend within one year. People are coming out without being rehabilitated. They are possibly gaining a greater knowledge of crime while in the prison system. I acknowledge that the number of under-25s who are in prison has fallen by a significant amount. However, the focus on rehabilitation has to be a priority. How does the Minister intend to address the high reoffending rate, particularly among younger people who reoffend when they leave prison? Will the Minister comment on any plans she has to roll out community courts? The introduction of such courts was a recommendation of the Oireachtas justice committee and the strategic review of penal policy.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am interested to hear the Deputy's views on how to deal with young people. I am also happy to hear his support for the 25% decrease in the numbers of young people under 25 going into prison and his support for alternative initiatives. I agree with the Deputy that it is extremely important to give people a second chance by way of community diversion programmes. Good inter-agency work is being done by the Probation Service and the Prison Service. This kind of inter-agency work is key to the future. I have appointed a chairperson to begin to implement the recommendations in the report the Deputy mentioned. I intend to implement that report. The report analysed carefully how we can best help and how penal reform policy should develop in the period ahead.

Niall Collins (Limerick, Fianna Fail)
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Will the Minister comment on the roll-out of community courts? Is this a priority for the Government? We have seen in other jurisdictions that it is a significant positive factor in contributing to rehabilitation. People who offend up to a certain level in the community face sanction within the community rather than being committed to prison. Levels of recidivism and reoffending by people exiting the current system are high. The system is working against society. Given the considerable amount of low-level crime across communities in this country, the roll-out of community courts would be a positive development.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I thank members of the committee and the chair of the committee, Deputy David Stanton, for the work done in this area. It is clear that it is a worthwhile initiative and I hope to progress it. I would also like to see the development of family courts and I hope to introduce legislation to establish family courts. During the passage of the recent Children and Family Relationships Bill, it was clear that many Members of this House were dissatisfied with the current approach, including the hearing of family cases in the middle of many other cases, and that they wanted to see the development of family courts.

As the Deputy knows, we have just established the Court of Appeal. There is therefore quite a lot of change already under way. This is important. The Courts Service and the Chief Justice are very conscious of the kind of changes which are necessary to streamline our courts and to ensure people are not delayed in the hearing of cases. Progress is being made with the new Court of Appeal in that regard. It is clear that there are a range of issues which need ongoing attention. As priorities permit, I hope to continue to develop the reform of the courts in the way I have outlined.