Written answers

Tuesday, 29 September 2020

Department of Children and Youth Affairs

Child Detention Centres

Photo of Réada CroninRéada Cronin (Kildare North, Sinn Fein)
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603. To ask the Minister for Children and Youth Affairs if he will publish the report into Oberstown Children’s Detention Campus commissioned from persons (details supplied); and if not, the reason therefor in the context of publication being a condition of its commissioning from the expert authors. [26300/20]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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An external independent review of operations and best practice at the Campus was commissioned by the Board of Management of Oberstown Children Detention Campus in September 2016. The report of the review was submitted to the Board of Management in February 2017 and the Minister for Children and Youth Affairs in March 2017.

The Board of Oberstown took independent legal advice on the question of publication of the review, which stated that there were legal risks around publication. Following careful examination, the Board was not satisfied that fair procedures had been applied before the report was finalised and submitted. In light of the legal risks associated with publication, the Board, with great reluctance, decided not to publish the report. The Board considered it necessary to strike the balance between the public interest in publishing the report and avoiding the substantial legal risks associated with such publication. The Board published the recommendations of the review in full, together with a detailed Board response to each recommendation.

The then Minister also sought the advice of the Attorney General, who advised that publication of the report was fraught with legal risk. Following detailed consideration of the complex matters involved, she concluded that it was not appropriate to publish the full report. This remains the position.

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