The Minister for Children and Youth Affairs, Frances Fitzgerald TD has confirmed that on foot of a Judgement issued today by the High Court, arrangements are being made for the immediate release of 7 children currently detained in the Children Detention Schools, Oberstown, Lusk, Co Dublin.
This is being done on the basis of legal advice following a High Court Judgement issued by the Hon. Mr Justice Gerard Hogan on an enquiry into the detention of a young person in Oberstown Boys School under Article 40 of the Constitution. This case related to the absence of a system of remission in the Children Detention Schools, along the lines of the remission system in operation in the adult prison system.
Two of the children concerned have been released on foot of the Court hearing and a further five children are being released. The Minister for Children and Youth Affairs will examine the judgement carefully to assess whether any other legal steps are necessary, including any required amendments to the Children Act 2001.
The position of the State in this case, reflecting longstanding policy in this area and the policy stance adopted at the time of the enactment of the Children Act 2001, was that the distinctive role of the Children Detention Schools is to be distinguished from the adult prison system, and that the Children Act 2001 does not provide for a system of remission. The Act does provide for a child’s reintegration in the community from the detention system in providing for permitted absence, mobility trips, temporary leave, supervision in the community and limited early discharge.
The Minister stated: “I have taken note of the ruling today by Mr Justice Hogan, and have arranged for 7 releases of children who are considered to come within the scope of the Judgement at present”.
“ I welcome the fact that management in the Children Detention Schools have already put the necessary arrangements in place for the release of those children affected, in terms of the individual family, educational and health needs of each child in the community. Contingency planning in relation to this case has seen arrangements for their planned release accelerated in recent days."
While this will address the immediate issues arising from the judgement, it will be necessary to give further detailed consideration to the matter in terms of the operation of the Children Act 2001 and the ongoing management of the Children Detention Schools. The Minister and her Department will also have to fully consider the judgement before making further comment.
ENDS
10 December 2013
Editor’s Note:
Under the Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (Statutory Instrument No. 668 of 2011), the Minister for Children and Youth Affairs is responsible under Part 10 of the Children Act 2001 for the three Children Detention Schools at Oberstown, Lusk, Co. Dublin which provide detention places to the Courts for girls up to the age of 18 years and boys up to the age of 17 years ordered to be remanded or committed on criminal charges. Responsibility for the Children Detention Schools transferred from the Minister for Justice and Equality to the Minister for Children and Youth affairs in January 2012.