Ciarán Cannon (Galway East, Fine Gael)

I thank the Senator for raising this matter on the Adjournment. I am speaking on behalf of the Minister for Justice and Equality, who is unable to be present due to other business.

Responsibility for the development and provision of safe and secure accommodation for all children ordered to be detained by the courts rests with the Irish Youth Justice Service, IYJS. This service will shortly transfer from the Minister for Justice and Equality to the Minister for Children and Youth Affairs. The Children Act 2001, as amended, requires that children being detained in respect of criminal matters be detained in a children detention school as described in Part 10 of the Act. The commencement of the detention provisions of the Act in March 2007 brought a transition provision, section 156A, into effect allowing for the temporary use of St. Patrick's Institution to accommodate 16 and 17 year old males. It is the Government's intention that this practice will end when accommodation is available in the children detention schools in Oberstown, County Dublin.

Design work for the project to develop the additional capacity required to transfer the 16 and 17 year old age group currently housed in St. Patrick's Institution from the Prison Service to Oberstown is well under way and planning approval is in place. It is intended that the project be delivered in phases to ensure the continued operation of the existing detention schools until such time as the new facilities are available. The steering committee has signed off on concept and sketch designs and the OPW design team is finalising the preparation of detailed specifications and tender documentation for the project. However, Government approval is required before tendering for the construction stage of the project. This decision will be made in the context of the review of capital projects under way across all Departments.

The Minister is of the view that all children in detention have right of access to an independent complaints mechanism. The Ombudsman for Children may receive individual complaints from children in each of the three children detention schools in Oberstown. St. Patrick's Institution accommodates young persons up to 21 years of age. The Ombudsman for Children does not have a statutory function relating to the inspection or investigation of complaints in St. Patrick's Institution. The statutory powers of inspecting prison institutions and hearing prisoners' complaints are vested in the Inspector of Prisons and Places of Detention and the prison visiting committees. The inspector makes announced and unannounced visits to all prisons, including St. Patrick's Institution, throughout the year. He has shown a particular interest in juvenile prison systems and has published inspection standards for juvenile offenders in St. Patrick's Institution as a supplement to his general inspection standards.

A commitment in the programme for Government "to end the practice of sending children to St. Patrick's Institution" will be achieved by carrying out the necessary redevelopment of the Oberstown detention school campus, subject to the necessary financial approval from the Government. By its nature, this project will take a number of years to complete. When this has been achieved, all children in detention will be in custody in Oberstown and will come under the remit of the Ombudsman for Children.

The Minister points out that there are ongoing contacts between the Prison Service and the IYJS on the exchange of best practices for addressing the needs of the 16 and 17 year olds currently detained in St. Patrick's Institution. Senior managers of the institution have visited the Oberstown campus several times, most recently in September, and further information exchange visits are planned between the two institutions. As far as is practicable, the 16 and 17 year olds are kept in a separate wing of the institution with single-room accommodation.

I assure the Senator that the Minister is fully aware of the importance of this issue. He notes that it is not possible to make any announcement on the Oberstown project at this time, as to do so would prejudge the outcome of the current Government review of capital expenditure. The commitment in the programme for Government will be met at the earliest possible opportunity.