Mick Wallace (Wexford, Independent)
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123. To ask the Minister for Children and Youth Affairs if he has had any discussion with the Department of Justice and Equality in relation to the use of detention on remand for child offenders, in view of statistics from the Irish Penal Reform Trust which found that only approximately 45% of children detained on remand actually go on to receive a detaining order indicating a possible overuse of detention on remand; and if he will make a statement on the matter. [2192/15]

James Reilly (Dublin North, Fine Gael)
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There is ongoing cooperation between my Department and the Department of Justice and Equality in relation to all aspects of the youth justice system. The Irish Youth Justice Service is based in my Department and has responsibility for leading and driving reform in the area of youth justice.

The focus of the Youth Justice Action Plan 2014-2018, which was launched by the Minister for Justice and Equality and the Minister for Children and Youth Affairs on 3 February 2014 is to achieve better outcomes for children who get into trouble with the law, to reduce crime leading to safer communities and to use detention only as a last resort. The issue of the nature and pattern of remands in custody for children has recently been the subject of discussions involving the Irish Youth Justice Service and Tusla, the Child and Family Agency which will feed into the development of policy priorities for the Youth Justice Action Plan for 2015.

Under Section 88 of the Children Act 2001, a court may remand a child in custody who is charged with or found guilty of an offence, who is being sent forward for trial, or in respect of whom the court has postponed a decision. The judiciary are independent in the performance of their functions and the discretion as to whether or not to remand a child in custody is solely for the judge to decide. The figure of 45% of children quoted by the Deputy is contained in the 2013 annual report of the Irish Penal Reform Trust. The methodology for this figure is not stated and this may relate to both the detention schools and also 17 year old boys who are currently detained in the adult prison system. I am advised that in 2013, there were 96 individuals remanded in custody to the children detention schools of whom 26 received a detention order, which equates to 27% of the children concerned. The comparable figures for 2011 and 2012 were 35% and 31% respectively.

In many cases, there may be a range of factors affecting the decision of a court on the remand of a child in custody. As well as a pattern of criminal behaviour, this may also include identified service needs in areas such as mental health supports, substance abuse or educational welfare. Section 88(10) of the Children Act states that the court shall not remand a child in custody if the only reason for so doing is that the child is in need of care or protection or the court wishes Tusla to assist it in dealing with the case. The court may also request Tusla to be represented in the proceedings under section 76B of the Children Act. Children are legally represented in court and the courts also have the authority to require the attendance of parents or guardians to assist the court in dealing with any individual case involving a child.