Martin Ferris (Kerry North, Sinn Fein)
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Question 29: To ask the Minister for Justice, Equality and Law Reform when he will provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts as he is obliged to do under the Children Act 2001. [3527/06]

Seán Crowe (Dublin South West, Sinn Fein)
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Question 61: To ask the Minister for Justice, Equality and Law Reform the steps he has taken and will take to ensure the provision of separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts (details supplied). [3529/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 29 and 61 together.

In October 2004, the Government endorsed a joint proposal from the Minister for Justice, Equality and Law Reform and from the Minister for children to examine the scope for rationalising and restructuring the delivery of the State's services in the area of youth justice in accordance with the Children Act 2001. To this end, the Minister established an internal project team charged with: conducting an overarching analytical review and scoping exercise, both nationally and internationally; consulting with stakeholders in the governmental and non-governmental sectors; and bringing forward recommendations for any necessary institutional reform.

The Report on the Youth Justice Review, a copy of which has been placed in the Oireachtas Library, was examined in the social inclusion institutional framework last June. The Cabinet Committee on Social Inclusion, CCSI, approved the thrust of the recommendations at that time. The CCSI agreed also that proposals on the legal and structural amendments necessary to give effect to the recommendations should be brought to Government before the end of the year.

On 13 December last, the Government noted the youth justice report and approved its publication. The Government agreed also to implement the report's key findings, including the establishment on a non-statutory basis of a youth justice service as an executive office of the Department of Justice, Equality and Law Reform under the strategic direction of the new Office of the Minister for Children.

In this report, the detention of 16 and 17 year olds was addressed within the wider context of detention for all children up to the age of 18, boys and girls, remanded or sentenced to custody by the courts. An expert group is to be set up shortly to examine the future requirements for secure accommodation for offending children under the age of 18, and to plan for the provision of the necessary facilities. The Government agreed to the appointment of a suitably experienced person to head up this group and to take responsibility for the area of children's detention.

The new measures require the transfer of legal and administrative responsibilities for the detention of offenders under 18 years from the Department of Education and Science and from the Irish Prison Service. However, the educational ethos of the children detention schools will be retained within the new structures with a greater emphasis on vocational training to cater for the broader age group.

Amendments to the Children Act 2001 are necessary to give effect to the proposals in respect of detention arising from the Report on the Youth Justice Review and other matters. The Government has approved the drafting of the official amendments to the Criminal Justice Bill 2004 to this effect. I have circulated the proposed amendments to the Human Rights Commission, the Office of the Ombudsman for Children and the Joint Committee on Justice, Equality, Defence and Women's Rights. These new developments will result in the removal of all children in detention under the age of 18 from the Irish Prison Service and adult prisons.