Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 107: To ask the Minister for Education and Science when she expects all the sections of the Children Act 2001 that are under the aegis of her Department to be implemented; and if she will make a statement on the matter. [5739/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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In October 2004, the Government endorsed a joint proposal from the Minister for Justice, Equality and Law Reform and the Minister of State with responsibility 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, a project team within the Department of Justice, Equality and Law Reform was established to conduct an overarching analytical review and scoping exercise and bring 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, YJS, as an executive office of the Department of Justice, Equality and Law Reform under the strategic direction of the new office of the Minister of State with responsibility for children. This will ensure that all policies and services for children will be developed in a new strategic framework of joined-up Government under that Minister.

It is proposed that the YJS will assume responsibility for all detention services for children under the age of 18. This will require the transfer of legal and administrative responsibilities for the detention of young offenders from the Department of Education and Science to the Department of Justice, Equality and Law Reform. Responsibility for educational services for young offenders in detention and the preparation of a global strategy on such services for all children in special residential accommodation will continue to rest with the Department of Education and Science.

The Government also approved the drafting of the official amendments to the Criminal Justice Bill 2004 necessary to give effect to the proposals arising from the youth justice report and from other related matters. The proposed amendments have been circulated to the Human Rights Commission, to the Office of the Ombudsman for Children and to the Joint Committee on Justice, Equality, Defence and Women's Rights.

The Government is committed to the speedy implementation of the detention provisions of the Children Act. To this end, a cross-departmental 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 detention school services.