Children (Amendment) Bill – Detention School – Final Stage

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I want to reiterate my support for the Bill. The amalgamation of the three detention schools on the Oberstown site into 1 legal entity is essential to the success of our children detention system.

I look forward to the publication of the Prisons Bill, which will facilitate the complete closure of St Pats.

Ending the detention of children in the adult prison system in Ireland is a hugely significant improvement, albeit long overdue, in the promotion and protection of children’s rights in Ireland.

However, the change of policy whereby 16 and 17 year olds are being remanded and committed to the new facility will not be without its challenges.

In fact they are pre-empted in numerous places in the St. Pat’s Visiting Committee Report for 2014.

The reality is that the new 16 and particularly 17 year old cohort are physically bigger, present with more challenging behaviour, are detained on more serious charges (indeed Minister I think it would be very useful if we tracking any trends and changes in the profile of offences children are being remanded and committed to detention for), and I understand are changing the dynamic between staff and the younger children in the units, whereby they cannot be seen to be complying/buying in with the programme.

We need a risk assessment and specific and ongoing training for staff to deal with these new challenges.

Children (Amendment) Bill 2015: Second Stage14 May 2015

The Minister is always welcome to the House. I warmly welcome the introduction of the Children (Amendment) Bill 2015 and thank the Minister for introducing it in the Seanad.

Senator Leydon raised the possibility of arranging a visit to the site of the children detention centre. The Minister issued an invitation to members of the Joint Committee on Health and Children to visit the centre and we expect to make arrangements to do so in the coming weeks. To be collegial, I suggest the Senator discuss with his party colleagues on the committee the possibility of allowing him to take part in the visit on their behalf.

A significant achievement by the Government in the promotion and protection of children’s rights has been the near complete closure of St. Patrick’s Institution, which has been the subject of serious criticism over the decades for detaining children in the adult prison system. For this reason, I look forward to the publication of the prisons Bill, which will facilitate the complete closure of St. Patrick’s Institution.

Before discussing the Bill in detail, I affirm my firm belief and commitment, as a legislator, to the internationally and domestically recognised principle of detention as a last resort for children, both committed and detained on remand. Detention as a last resort is fundamentally important to the welfare and well-being of children who have come into conflict with the law. I continue to be concerned about the numbers of children detained on remand who do not go on to be sentenced to a period of detention. This raises concerns that detention is being resorted to inappropriately – as a form of detention for assessment – in the case of children who have care or protection concerns. Children must not be criminalised as a result of inadequate care and mental health service provision elsewhere. While I have raised these concerns on a number of occasions with the Minister for Justice and Equality, I restate them in this debate.

The Bill facilitates the amalgamation of the three detention schools on the Oberstown site into one legal entity. The practical effects of this change will be the creation of a single management team, payroll, staff rota, etc. Crucially, with regard to governance, it will lead to integrated practices, operational consistency, coherence of model and the appointment of one director. The proposed amalgamation is critical to the success of Oberstown.

I am concerned as to whether the disciplinary system in Oberstown will be appropriate to the age of children committed and remanded to the facility. To express this in another way, will the facility be child friendly? Will the disciplinary system be distinct from the system in operation in the adult prison model and will it reflect the welfare and care relationship model?

The Minister kindly organised a briefing for Members yesterday, which was attended by my researcher, Ms Amy McArdle. Assurances were given that, in keeping with the child care model of detention, good order rules would be used to avoid disciplinary measures. Will the Minister elaborate on what is meant by the term “good order rules”? Perhaps these are rules modelled on best practice in juvenile detention in another jurisdiction. Is that the case? I would like to understand what exactly this phrase means and what is its basis?

I note in section 5 that provision has been made for part or all of the children detention school to be designated as a remand centre. I intend to consider this issue in more detail before Committee Stage. While I appreciate the intention to keep children detained on remand separate from children committed to detention to the greatest extent possible and where it is in the best interests of the child, I am concerned that we are starting from a point of non-compliance with our international human rights obligations, for example, in respect of Article 10 of the International Covenant on Civil and Political Rights to which Ireland currently has a reservation. The Minister will recall the concluding observation of the human rights committee last July that Ireland should establish a concrete timeline for the achievement of complete separation of remand and sentenced prisoners, juvenile and adult prisoners and detained immigrants and sentenced prisoners.

Finally, I call on the Minister to discuss with the Minister for Justice and Equality, Deputy Fitzgerald, the issue of 18 to 20 year old males sentenced to detention who are now accommodated in a separate dedicated unit in Wheatfield. I wonder if, in keeping with the latest recommendation of the Irish Penal Reform Trust, IPRT, all agencies that comprise the criminal justice system should recognise the 18-24 age group as one with distinct and specific needs, with the cut-off age for accommodation in the separate dedicated unit extended to 24 years. The IPRT recommendation follows extensive research.

The IPRT report, Turnaround Youth: Young Adults (18-24) in the Criminal Justice System, published earlier this week, makes a compelling case for a distinct approach to this age cohort which, although it is disproportionately represented in the prison population, making up 9% of the overall population and 24% of the prison population, is also the age of opportunity with peak capacity to change. I recommend that the Minister reads this report and brings it to the attention of his Cabinet colleagues, given his remit regarding children and young people.

On the issue of spent convictions, my understanding is that the spent convictions Bill will already expunge the records for those under 18. Perhaps the Minister can advise me. I warmly welcome the Bill and will do all in my power to support and strengthen it to ensure that it is what we all envisage. It is very exciting and long overdue.

18 July 2013: Questions to the Department of Children and Youth Affairs, for answer before the meeting of the Committee on Health and Children.

Question 4: National Substance Misuse Strategy

Question 5: Implementation plan for the Child and Family Support Agency

Question 6: Oberstown campus development

Question 4: National Substance Misuse Strategy.

To ask Minister for Children and Youth Affairs to outline her position on the recommendations contained in the Steering Group Report on a National Substance Misuse Strategy on protecting children and young people from the impact of alcohol. Specifically, the recommendations relating to alcohol marketing and minimum pricing with a view to impacting on the age at which young people start drinking alcohol, as well as the consumption levels of under18s.

Children and Alcohol
Whilst there have been some indicators showing an improvement in the levels of alcohol consumption in children over the last decade, with the percentage of children aged 10-17 who report never having had an alcoholic drink increased from approximately 40% in 2002 to 54% in 2010, there are many more indicators that continue to give deep concern about the patterns of drinking that exist in children and young people.

Drunkenness amongst Irish Young people
There exists a consistent trend for drunkenness when drinking among Irish young people, a trend that sets them apart from the majority of their European counterparts.
In the latest report on drinking among 15 and 16-year-olds across Europe, Irish students reported drinking a third more on their latest drinking day than the European average. In addition, there also exists a trend whereby Irish girls drink as much as boys, and sometimes drink more. Irish students reported that, in the 30 days prior to the survey
• Half (48% boys and 52% girls) had drunk alcohol
• 40% had 5+ drinks on a single drinking occasion
• 23% had one or more episodes of drunkenness
• In 2010, 18.3% of children aged 10-17 reported that they had been drunk at least once in the last 30 days.
Unfortunately, the impact of the trend in drunkenness has already surfaced as chronic alcohol-related conditions among young people become increasingly common.
Between 2005 and 2008, 4,129 people aged under 30 were discharged from hospital with chronic diseases or conditions of the type normally seen in older people.There has also been a considerable increase in alcoholic liver disease (ALD) among younger age groups. Among 15 to 34-years-olds, the rate of ALD discharges increased by 275% between 1995 and 2009
The accompanying trend of increased ease of access to alcohol is also a source of concern. In 2011, 84% Irish 15 and 16-year-olds reported that alcohol was “very easy” or “fairly easy” to get compared to 75% in 2007. Just over a quarter (26%) said they had bought drink for their own consumption from the off-trade in the 30 days prior to the survey; 37% said they had bought their drink from an on-trade outlet.
This trend has been accompanied by an explosion in the number of outlets selling alcohol at ‘pocket money’ prices with a bottle of beer often cheaper than a bottle of water. Discounts on multiple packs of alcohol have created a culture where young people buy slabs of beer instead of six-packs.
Unsocial and Public Order Offences by Children and Young People‘Public Order and other Social Code Offences’ were the single highest cause of referrals to the Garda Juvenile Diversion Programme, representing 28.9% of all referrals. Many of these are associated with alcohol consumption and binge drinking amongst young people.
The effects of Alcohol Abuse by Adults on Children
There are serious consequences also to children living in families where one of the parents or carers has an alcohol misuse problem. Adult alcohol problems are directly responsible for a significant percentage of child abuse and neglect cases; was identified as a risk factor in three-quarters of Irish teenagers for whom social workers applied for special care; is associated with a range of disorders known as foetal alcohol spectrum disorders are caused by mothers drinking alcohol in pregnancy
In Conclusion

The Department of Children and Youth Affairs works closely with the Department of Health to identify and support actions supported by emerging international evidence on what is effective in helping reduce the current levels of alcohol misuse in Ireland. Actions on pricing, advertising, sponsorship, labelling and others will move us further down the road of achieving safer levels of alcohol consumption in adults and minimising or preventing consumption by children.

Question 5: Implementation plan for the Child and Family Support Agency

To ask the Minister for Children and Youth Affairs to share with the Joint Committee on Health and Children the Implementation Plan for the new Child and Family [Support] Agency including: the anticipated commencement date for the Agency; details of the exact number and disciplines of the staff who will be transferred from the NEWB, Family Resource Centres and HSE; and a clear explanation of the referral pathways for children and families to the new Agency.

As I stated in response to the Deputy’s questions on this subject in advance of the April meeting, the establishment of the Child and Family Agency is at the heart of the Government’s reform of child and family services.

Extensive work is ongoing in the Departments of Children and Youth Affairs and Health, and in the HSE to prepare for the establishment of the Child and Family Agency. The preparations are designed to allow for the Agency to assume full statutory responsibility for specific services for children and families upon establishment.

The Child and Family Agency Bill was published on 12th July last and it is the intention to introduce it to the Houses of the Oireachtas in the current session. A precise target date for establishment of the Agency will be set when consideration of the legislation is advanced.

The Bill focuses on the task of bringing together the functions of the three “source” agencies (the HSE, the Family Support Agency and the National Educational Welfare Board). Particular care is required in respect of the disaggregation of the functions from the HSE to ensure that there are no unintended consequences (for either the Agency or the Directorates remaining within the HSE framework) in the separation of functions, either in legal terms, or in terms of the practical operation of day-do-day services for children and their families or HSE clients across the life cycle.

A key task in drafting the legislation has been to ensure that the Agency operates within a strong framework of public accountability. Other important features of the legislation relate to the need to create the correct platform for interagency arrangements, shared service arrangements and a robust process for the commissioning of services from a range of providers.

In addition to creating a framework for the future, the Bill also has to take account of the transitional arrangements which inevitably have to be prescribed. These are potentially complex against the backdrop of changing governance and structural arrangements in the context of the wider Health Reform programme.

While the legislative process is under way, all necessary organisational preparations are continuing in parallel. It is important not to underestimate the scale of change involved and the absolute necessity for a carefully planned approach to be adopted while embarking upon such large-scale change within this crucial area of the public service.

The establishment of the Agency is being directed by a project team (led by the CEO Designate) which is driving the overall project plan. Its responsibilities include the full range of activities required to bring the project to completion – from the high level legislative programme elements through to the more practical day-to-day issues regarding the transfers of staff, systems and various undertakings relevant to the operation of the new Agency. Representatives of the Family Support Agency and the National Educational Welfare Board are also members of the team and are actively involved in leading the requisite change management programmes within those agencies.

The project team reports to an Oversight Group which is chaired by the Secretary General of the Department of Children and Youth Affairs and relevant matters are escalated to the Oversight Group if necessary. Its membership includes officials of the Departments of Children and Youth Affairs, Health and Public Expenditure and Reform; the HSE – both sides of the organisation; and the CEO Designate of the Child and Family Agency.

In order to prepare for the establishment of the new Agency, a due diligence exercise has been commissioned regarding the level of resources to transfer from the HSE to the CFA on establishment. The objective of the exercise is to establish that the level of resources to be divested from the HSE to the new Agency is fair and reasonable.

Following intensive work on the part of HSE and CFA-designated staff, individual letters of notification issued earlier this year to some 4000 staff that have been confirmed as transferring to the new Agency. This includes staff employed by the HSE (the majority currently working in Children and Family Services), the Family Support Agency (FSA) and the National Educational Welfare Board (NEWB). It should be noted that the staff of the Family Resource Centres are not employed by the Family Support Agency directly.

I am confident that the establishment of the Agency will bring a dedicated focus to child protection, family support and other key children’s services for the first time in the history of the State and will in time contribute to the transformation of what are essential services for families and communities. As can be seen from the above, following publication of the Report of the Task Force on the Child and Family Support Agency, intensive work has been underway to prepare for establishment of the Agency. There are strong project governance and project planning methodologies in place, with revisions on an ongoing basis as tasks are accomplished or issues escalated. Further details of the tasks undertaken or underway were set out in my April reply.

In addition, since April my Department has sought expressions of interest for the Family Support Agency board which will form a shadow board pending the legal establishment under the Child and Family Agency Bill which has now been published.

In respect of referral pathways, HSE Children and Family Services are piloting programmes in selected geographical areas to ensure the most effective response to all referrals. Currently, all child welfare and protection referrals are channelled through social work departments, where child protection is prioritised. The revised referral pathways are intended to ensure a service is provided for all referrals at a level that is most appropriate to the problem presented. The intention is that the lessons learned from the early roll-out of this method of dealing with referrals will be applied across the country.

Question 6: Oberstown campus development

To ask the Minister for Children and Youth Affairs when a single management structure will be in situ in Oberstown to oversee the development of the campus including the integration of the three existing schools, and to outline, including the timeframe, the remaining steps in the process to ending the practice of detention of children in St Patrick’s Institution by mid-2014.

As previously stated in response to various Parliamentary Questions, we are the first Government to:

• have ended the detention of 16 year olds in St Patrick’s Institution.
• provide capital funding, of €50 million, for the development of National Child Detention Facilities in Oberstown.
• have extended the remit of the Ombudsman for Children to include St Patrick’s Institution.
• have established a dedicated multidisciplinary assessment and therapeutic care team for children in detention and special care.
• revised campus rosters and management structures at Oberstown.
• moved to close St Patrick’s Institution.

With respect to the development of National Child Detention Facilities in Oberstown, this project is required in order to give effect to the Programme for Government commitment to end the practice of detaining children in adult prison facilities. My officials have, in conjunction with the Office of Public Works, completed the design process and secured planning permission for the capital development. The tender process is being managed by the Office of Public Works at present and an announcement on the outcome of this process will be made shortly. The project will result in an increase in the overall detention capacity on the campus from 52 places at present to 90 places in total, along with associated education, visiting and other facilities. The required capacity to enable the assignment of responsibility for all children under the age of 18 years to the Oberstown campus is to be delivered in the first phase of the project, by mid 2014.

There is legal provision under the Children Act 2001 for 24 male bed spaces in Trinity House School, 8 female bed spaces in Oberstown Girls School, and 20 male bed spaces in Oberstown Boys School. However, only 16 of the certified 24 male bed spaces in Trinity House School are currently available for use due to staffing issues. The Irish Youth Justice Service, which is based in my Department, is currently in discussions with management and staff on the Oberstown campus to reconfigure staffing and accommodation in order to meet the increased demand for male bed places from the courts. I have also noted a substantial increase in demand for male bed spaces on the Oberstown campus in 2013 compared to 2012. This has been primarily but not exclusively driven by an increase in the number of boys aged 16 years old on admission detained in Oberstown. The Irish Youth Justice Service has identified a trend since late 2012 of a higher number of such children being detained in Oberstown compared to the situation which applied when this age group was the responsibility of St Patrick’s Institution. This increase in demand from the courts merits further consideration, particularly since the Central Statistics Office has recently recorded a general reduction in crime trends overall in the community.

The first-ever campus-wide staffing roster, with a set of harmonised conditions for hours worked, was implemented on 25th February 2013 following protracted negotiation and agreement between staff and management at the Labour Relations Commission. I wish to acknowledge the cooperation of staff with the implementation of the LRC agreement to date. A number of outstanding issues are the subject of ongoing discussions in conjunction with implementation of the campus wide roster, the ongoing industrial relations process on the campus and the Haddington Road Agreement.

I have obtained Government approval for an amendment to the Children Act, 2001. The Bill includes an enabling provision which will allow for the merging of the three current children detention schools into one single cohesive organisation. The Bill is at drafting stage at present with Parliamentary Counsel and it is my aim to bring it to the House later in 2013. This will ensure that a single unified management structure is in place and fully operational when the proposed new development on the campus is completed. In the interim my Officials are making arrangements for the appointment of a campus manager to drive the change management programme in Oberstown. The arrangements for the recruitment and appointment of this manager will be made in the coming weeks, in conjunction with the Public Appointments Service (PAS). It should be noted that the existing Board of Management has responsibilities in relation to each of the three schools.

Since taking over responsibility for the children detention schools, I have also engaged fully with the HSE on the implementation of a new mental health service for children in detention and in the special care / high support system. This is known as the Assessment, Consultation and Therapy Service (ACTS). Good progress has been made and the posts for addiction counsellor and speech and language therapist have been filled with the psychology post due to be filled in September, 2013. Representatives from the children detention schools, HSE and IYJS have been working together over the last two months to identify an appropriate mental health screening system that can be used in the children detention schools and to develop training for staff. Training is due to take place in September 2013 with a view to implementing mental health screening for all young people in the detention system before the end of December 2013. I welcome the ongoing development of this important service on the Oberstown campus, which was a key recommendation of the Ryan Commission on child abuse of 2009.

In conclusion, a very substantial change programme is underway on the Oberstown campus. Oberstown’s expanded remit will see it accommodate all children detained in the State in a child specific environment from the middle of next year. The Government has provided dedicated capital funds for this purpose. I recognise that significant operational change is also required. Major change has already been achieved and my Department continues to work with the Board of Management, the staff and their representatives to expand the range and quality of services on the campus.

Order of Business, 17 October 2012

I echo everything said in the Chamber this morning about St. Patrick’s Institution. There is a need for greater urgency because, as has been said, there are still 17 to 21 year olds detained at the institution. Therefore, the problem has not gone away. I ask for an update on the development of a detention school at a site located at Oberstown-Lusk. We need to ensure that when children are transferred, it is to a good location, as we do not repeat past mistakes. I listened to the debate. Several colleagues talked about the culture of those in charge at St. Patrick’s Institution and my comments made here last December were brought into sharp focus. I will not break privilege, but I am concerned. Why did we make the appointment to the committee on the prevention of torture? I am greatly concerned about who Ireland appointed to the committee and express my concern again today.

I support Senator Mark Daly’s call for a debate on the plight of the survivors of child abuse. I know the details of the case to which he referred. It involves an appalling injustice and is unacceptable. I have met the person mentioned for several years and can vouch for the fact that he is dying. When we bring him to Dublin to meet colleagues, I ask that Senators attend to demonstrate greater compassion.

Order of Business, 26 June 2012

I, too, welcome the publication of the consultation document on the criminalisation of the purchase of sex which I believe is the result of the motion the Independent group brought before the House on two occasions.

Last Friday, 22 June, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and the Minister for Justice and Equality, Deputy Alan Shatter, signed a statutory order to remove section 11(1)(e)(iii) of the Ombudsman for Children Act which excluded children detained in St Patrick’s Institution from the complaints remit of the Ombudsman for Children, Ms Emily Logan. The order will take effect from 1 July. I warmly welcome this move which I do not believe received much publicity. Prior to this, children held in prison, children in the Defence Forces and children involved in dealings with the Garda were the only three groups of children excluded from the remit of the Ombudsman for Children.

However, there is an ombudsman in place for both the Defence Forces and the Garda. It followed from the announcement of the Minister for Children and Youth Affairs on 2 April that the detention of children in St Patrick’s Institution would end on 1 May for all newly remanded or sentenced 16 and 17 year olds. They will now be detained in Oberstown. These two measures mark significant progress in the treatment of juvenile offenders and the observance of children’s human rights. However, I am mindful of the fact that there is still no independent, fair and impartial complaints mechanism for adult prisoners. Concern has been expressed in this regard by both the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the inspector of prisons, Mr. Justice Michael Reilly, in his annual report for 2010.

In Mr. Justice Reilly’s report he refers to a deficiency, to be rectified by 1 July 2011, in the following of proper complaints procedures, with supporting documents. I look forward to seeing what progress, if any, is recorded in his next annual report. I ask the Leader to invite the Minister for Justice and Equality to the House to confirm when the annual report of the Office of the Inspector of Prisons for 2011 will be published. I understand it was sent to the Minister on 17 April. I ask that we have a debate on how best an independent, transparent and accountable prisoner complaints mechanism can be established in the prisons.

Order of Business, 15 November 2011

15th November 2011

I also wish to address the infrastructure and capital investment plan, which I believe needs to be debated in this House. In line with the questions put forward by Senator Bacik, I also wish to raise the question of St. Patrick’s Institution. As Senator Bacik has stated, the Government has committed in the programme for Government to end the practice of sending children to the aforementioned institution and has put forward the new national children’s detention facility on the Oberstown campus in Lusk as a solution to the unacceptable and untenable position that obtains at present. For example, in 2010, 221 children aged between 16 and 17 were committed to adult prisons, of whom 219 were boys who were committed to St. Patrick’s Institution. On average, that facility has 40 boys in detention.

In response to a Dáil question on 20 September last on the plans to proceed with the development of the first phase of the said project, the Minister of Justice and Equality stated the Office of Public Works was “in the process of preparing the required tender documentation for the project” and that the Government’s decision on funding, approval for which is required before tendering for the construction phase, would be informed by the outcome of the Government’s capital expenditure review. Unfortunately, when this review was published, it was silent on what would happen.

Therefore, given that development of the Oberstown project is now the responsibility of the Department of Children and Youth Affairs, I ask that the Minister, Deputy Fitzgerald, come into the House to clarify the position, to outline her plans on how to proceed with the project as a matter of urgency, to confirm whether one can expect the project to be completed by mid-2013, as was the commitment given by the then Department of Justice, Equality and Law Reform in December 2009, and to address formally the concerns expressed by the Ombudsman for Children, Ms Emily Logan, in her press release this morning.

The Lancet

In July 2021, Jillian co-authored an article in the world-renowned medical journal “The Lancet”