Mick Wallace (Wexford, Independent)
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141. To ask the Minister for Children and Youth Affairs his plans to revise section 88 of the Children Act 2001 which relates to detention on remand, in view of the reply to Parliamentary Question No. 123 of 20 January 2015, that, of the 96 children remanded in detention schools in 2013, only 27% went on to receive a detention order, indicating high levels of the use of detention on remand; and if he will make a statement on the matter. [7752/15]

James Reilly (Dublin North, Fine Gael)
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Section 88 of the Children Act 2001 allows that 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 section in question also provides that a 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. Notwithstanding this provision, I understand there may be a range of other factors affecting the decision of a court on the remand of a child in custody. As well as a pattern of criminal behaviour, such factors may also include identified service needs in areas such as mental health supports, substance abuse or educational welfare.

Having regard to the wording of the section as it stands, the fact that children are at all times represented in court and the independence of the judiciary, it is unclear what amendments to the Children Act could address this issue. I note that the courts already have the power under section 76B of the Act to request Tusla to be represented in criminal proceedings involving a child and in addition, the courts also have the authority to require the attendance of parents or guardians to assist in dealing with any individual case. In addition, section 96 of the Act states that a court shall have regard to the principle that criminal proceedings shall not be used solely to provide any assistance or service needed to care for or protect a child and that a period of detention should be imposed only as a last resort.

TheYouth Justice Action Plan 2014-2018 commits to achieving 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. In this context it is appropriate to review further the nature and pattern of remands in custody for children, which will allow for policy and the roles of the various statutory agencies concerned to be examined. To this end discussions involving the Irish Youth Justice Service and Tusla, the Child and Family Agency which have commenced on this issue will feed into the development of policy priorities for the Youth Justice Action Plan for 2015. While the main priority under the plan this year is to end the practice of detaining children in adult prison facilities, this exercise will inform any future actions in this area.