Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 26: To ask the Minister for Justice, Equality and Law Reform his views on whether the practice of detaining children in St. Patrick's Institution is in violation of the United Nations Convention on the Rights of the Child and of Children First: National Guidelines for the Protection and Welfare of Children; and if he plans legislation, Government policy or budgetary changes in relation to this matter within the lifetime of this Dáil. [15681/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Children Act 2001 provides for the detention of children aged up to 16 years in children detention schools and children aged 16 and 17 years in children detention centres, separate from adult institutions. These provisions have not been commenced as separate facilities for 16 and 17 year olds are not yet available.

In December of last year Government agreed a series of reforms of the youth justice system, following a review carried out in my Department. The reforms require changes to the Children Act 2001, which are being addressed through amendments to the Criminal Justice Bill 2004, currently at Committee Stage before the House. These changes will include the transfer of the existing detention schools from the remit of the Department of Education and Science to my Department. The result will be a single system of detention for young people under the age of 18.

The amendments to the Children Act will extend the children detention school model to 16 and 17 year olds. The children detention school model, provided for in the Children Act 2001, is designed to address the welfare, education and detention of young offenders in a manner which is based on the needs of the child, and from an age appropriate perspective. It is designed to promote the reintegration of these children into society. It will be completely separate from the adult prison system.

When implemented, management responsibility for children detention services will be located in the Irish Youth Justice Service, an executive office of my Department, which will also have oversight of all other aspects of youth offending responses.

The legislative, operational and administrative changes that are being advanced by it include the transfer of responsibility for the detention of young offenders under 18 years of age who have been sentenced by the courts, from the Department of Education and Science and the Irish Prison Service, to the Youth Justice Service. The net impact of these developments will be the removal of all children in detention under the age of 18 years from facilities run by the Irish Prison Service.

I understand that the Youth Justice Service and the Irish Prison Service will liaise in order to address the administrative details of the transfer of responsibilities.