Seanad debates

Thursday, 14 May 2015

Children (Amendment) Bill 2015: Second Stage

 

10:30 am

Photo of Kathryn ReillyKathryn Reilly (Sinn Fein) | Oireachtas source

I welcome the Minister. Sinn Féin welcomes the Bill, the aim of which is to ensure that children of 18 years and under will no longer be detained in the adult prison system, and, obviously, to amalgamate the child detention schools into one school at Oberstown with the aim of capitalising on existing reforms in the system. In part, the Bill owes its origins to a commitment given in the programme for Government to ending the practice of sending children to St. Patrick's Institution. For decades, the Irish Council for Civil Liberties, the Irish Penal Reform Trust and a plethora of international organisations, including the UN, have called for the closure of St. Patrick's Institution and an end to the detention of children in adult prisons.

Across the child protection and criminal justice spectrum, there is unanimous agreement on the importance and significance of ending the practice of detaining children in adult prisons. For example, the Irish Penal Reform Trust has repeatedly pointed out that adult prisons are unsuitable for the particular needs of young offenders. This sentiment was echoed by the Ombudsman for Children, Dr. Niall Muldoon, who stated that rehabilitation must be a paramount consideration in the detention of young people. The Ombudsman for Children and the Irish Penal Reform Trust agree that Oberstown is the most appropriate environment for the small number of young people for whom detention is necessary. However, as has been mentioned by others this afternoon, concern was expressed about the findings of a report by HIQA published in February this year concerning two inspections it carried out in Oberstown in October and November 2014. Of the ten standards laid down, the detention school met just one in full, namely, education. Six standards were found to require improvement and the failure to meet three standards was found to be a significant risk. The three areas in question were single separation, management of medication and staffing and training. The isolation of any child or young person from his or her peers can be damaging in itself and the standards are clear that this option must only be used sparingly and for the minimum appropriate time. Others have mentioned the concerns about insufficient staffing, staff training and high levels of staff absenteeism which are also detailed in the report.

I agree that the detention of children must only be used as a sanction of last resort. The Children's Rights Alliance issued a report card which found that of the 96 children detained in 2014, only 27% received a detention order on conviction. According to the Irish Penal Reform Trust, this suggests that detention is not being used as a last resort and the Ombudsman for Children expressed concern that child detention is being used for other purposes.

I welcome the legislation before us and I hope it passes through the Houses swiftly. Going forward, it is imperative that the focus is on the welfare and well being of children and young people in detention and on the establishment of a progressive and humane system which allows them to reach their full potential.

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