Jim D'Arcy (Fine Gael) | Oireachtas source

No child should have to be detained in a detention centre. In an ideal world, all children would grow up to be law-abiding citizens who would make a contribution to society. However, unfortunately, that is not always the case. For a variety of reasons, some children are so unmanageable, and the weight of their misdemeanours so great, that there is little option but to detain them for periods. It is also the case that most of the children who end up in detention come from dysfunctional families and a poor socioeconomic background. In other words, they have not had a great chance in life. Many of the children in detention have been victims of neglect or abuse from a very early age. It is true that the majority of people from poor socioeconomic backgrounds grow up to be normal contributing members of society. This is often used as an argument against a special understanding of difficulties that problem children, or, more accurately, children with problems - children at risk - might have. This is not a tenable argument. Issues such as inter-generational dysfunction, poor early-years learning, little positive peer influence, bad diet and neglect and abuse are all factors in children's behaviour. There is no doubt that some children do not get a fair chance in life early on and this influences their behaviour.

A question that has long puzzled me is this: when and at what stage does a problem child become a hardened criminal in the eyes of society, a serial offender at the high end of crime, with seemingly no possibility of reform outside the detention system? There is a need for early intervention where children are at risk in relation to early years care and education. I know the Minister has many ideas about how early years care can be used to help children. I look forward to the roll-out of those ideas as much as anything else we may see in the next few months.

It is sad that the child is lost by three years of age. Therefore, the challenges are enormous. Questions must be asked as to how the penal system can sanction children and what form of justice is appropriate. If there is diminished responsibility or a non-formed sense of wrongness - in other words, a difficult challenge of free will and determinism - then the only appropriate form of sanction is utilitarian rather than retributive. This is a major question throughout the justice system, and not only with juveniles: whether to punish the offender in relation to the nature of the crime or to protect society. In that context, it would be fair to say that the detention of children is essentially utilitarian, in that it is usually done as a last resort in order to protect society temporarily. I know it can also protect the child from very bad circumstances, but, nevertheless, it is essentially a utilitarian answer to a social problem.

There is no doubt that the conditions of detention in Ireland are more humane than in previous times, and they continue to become more humane. It is true that remand and detention centres sometimes provide a better alternative in terms of the health and welfare of the children. However, it is important to remind ourselves that detention centres, like prisons, can be universities of crime. The proposals for a new type of centre must be highly monitored when they come into being, and they must involve a well-developed and structured education and training programme. There is a role for the education and training boards and the new SOLAS to ensure the centres are not seen to be completely divorced from the rest of society.