James Reilly (Dublin North, Fine Gael) | Oireachtas source

I have listened to what the Senators have said and I take the spirit of its intent. Amendment No. 15, as proposed, would result in a free-standing requirement that remanded children would be kept separate from sentenced children where it is in the best interests of the child.

Section 88(8) of the existing Children Act 2001 already deals with the issue of remand children and separated children where the remand centre is located in a children detention school. The existing section 88(8) outlines the important principle that where children are remanded in a children detention school, such children shall, as far as practicable and where it is in the interests of the children, be kept separate from and not allowed to associate with children in respect of whom a period of detention is imposed. The effect of the proposed amendment would be to remove the "where practicable" clause of the existing section 88(8). It would possibly require a complete separation of remand children and committal children in all instances, irrespective of whether this is in fact possible. It should be noted that the existing children detention school in Oberstown tends to be full on most occasions, with varying numbers of children on remand or serving a sentence at different times of the year depending on the demand for detention places from the courts system.

In line with section 88(8), every effort is made to accommodate children in custody on remand in separate residential units from children who are serving a sentence of detention. This is an issue of professional assessment of the situation of each child and the day-to-day operational management of the children detention schools. In an environment of high demand for both remand places and places where children are serving a sentence, it would not be possible to keep remand children and committal children separate on all occasions. This would require a significant increase in detention accommodation. It would also result in the new accommodation being built on the Oberstown campus being insufficient to cater for all children up to the age of 18, as is currently planned. The need to meet the requirements of the proposed amendment could also undermine the existing policy that is in place of keeping male and female children in separate residential facilities in all circumstances. I note there are also circumstances where separation of a remand child from committal children may not be in the child's best interests. In addition, I am advised there are frequently cases where a child is both remanded in custody on one set of charges and serving a sentence of detention on another set of charges. Therefore, I do not accept the amendment.

In regard to amendment No. 19, section 88(8) of the Children Act provides for the following important principle. Where children are remanded to a remand centre situated in a children detention school, such children shall, as far as practicable and where it is in the interests of the children, be kept separate from and shall not be allowed to associate with children in respect of whom a period of detention is imposed. I note the purpose of the Senator's amendment is to replace the wording to state "where it is in the best interests of the child". I am broadly agreeable, in principle, with the amendment. However, I intend to consult the Office of the Attorney General on the matter in the context of the Bill.