Finian McGrath (Dublin North Central, Independent)
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Question 1258: To ask the Minister for Education and Science the position regarding the case of a person (details supplied); and if the Children's Act 1908 is a solution to this case. [1057/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 1258 and 1232 together.

Section 4 of the Residential Institutions Redress Act 2002 provides that the Minister for Education and Science may, by order, insert additional institutions in the Schedule to the Act. For an institution to be considered under section 4, it must be an industrial school, a reformatory school, an orphanage, a children's home, a special school for children with a physical or intellectual disability, or a hospital providing medical or psychiatric services to people with a physical or mental disability or mental illness. It must also be one in which children were placed and resident, and in respect of which a public body had a regulatory or inspection function.

The case in question concerns the Regina Coeli hostel which provided shelter for homeless women, mothers with young children and expectant mothers. However, as such hostel facilities do not come within the scope of section 4 of the Act, it is not open to me to consider the inclusion of this institution in the Schedule. The question of including additional institutions has now been fully considered by my Department in consultation with relevant Government Departments and it is not proposed to add any further institutions to the Schedule.

The Children Act 1908 was an Act to consolidate and amend the law on the protection of children and young persons. It also provided for the recognition of reformatory and industrial schools and for sanctions to be imposed relating to offences concerning children and young people. Many of the sections of this Act have since been amended by a number of more recent Acts. Part IV of the Act deals with the certification and management of industrial and reformatory schools. However, as the Regina Coeli hostel does not come within the description of either an industrial or reformatory school, it does not appear that the 1908 Act can be of assistance in this case.