The Minister for Children and Youth Affairs, Dr Katherine Zappone TD, has
announced that with effect from Midnight tonight (Thurs 30th March), all
young males under the age of 18 who are sentenced to a period of detention
by the courts will be sent to Oberstown rather than to the adult prison
system.
Such young people are currently sentenced to St Patrick’s Institution.
Minister Zappone stated:
“I am very pleased to announce that the Oberstown campus will commence
taking 17 year old males who receive a sentence to a period of detention
from midnight.
This is the final step to end the detention of children in adult prison
facilities. Unfortunately, there is always a need for a small number of
young people to be detained, and it is best that this is in facilities
which have a focus on addressing the needs of these young people as well as
their offending behaviour”.
Minister Zappone noted that this measure follows on from previous
initiatives that have already been taken with regard to the detention of
children during the previous Government’s term of office, and builds on the
policy approach commenced by the Tanaiste, Minister Fitzgerald as Minister
for Children and Youth Affairs.
Minister Zappone continued:
“Substantial progress has been made in this area in recent years and I am
delighted to end the practice of detaining children in adult prisons.
The enactment of the Children (Amendment) Act 2015, on-going recruitment
campaigns and the capital development programme in Oberstown have led to
this historic moment in our youth justice system.
Putting children in prisons where they share facilities and encounter
adults is unacceptable in a modern society.
This has been recognised by international bodies which have encouraged
Ireland to take this step.
I wish to thank the staff and management of Oberstown for their cooperation
with a significant programme of change in the delivery of what is a
challenging but essential public service.”
Editor’s note:
The policy of Government is to end the detention of children in adult
prison facilities and this has been restated in policy documents impacting
on the operation of the youth justice system, notably:
· the Youth Justice Action Plan 2014 – 2018;
· “Better Outcomes – Brighter Futures” – the national policy framework
for children and young people 2014 – 2020;
· the current Statement of Strategy 2016 – 2019 for the Department of
Children and Youth Affairs.
This policy has had long standing support in the Oireachtas and among those
organisations and people who actively promote the rights and welfare of
children. These voluntary and non-government organisations include the
Children Rights Alliance, Barnardos, Irish Society for the Prevention of
Cruelty to Children and the Irish Penal Reform Trust. In addition,
international bodies have also called for this policy to be fully
implemented including the United Nations Committee on the Rights of the
Child, the Council of Europe Human Rights Commissioner and the Council of
Europe’s Committee for the Prevention of Torture.
The Oberstown Children Detention Campus is responsible for males up to age
17 years since 2012 and are responsible for males aged 17 years who are
remanded in custody since 30th March 2015. In both cases, the
responsibility was applied for new cases referred by the courts, and the
same phased approach is being adopted with regard to the transfer of
responsibility for 17 year old males who are sentenced to serve a period of
detention.
All females under the age of 18 can be detained on the Oberstown campus
since 2007.
In practice, 17 year olds committed to St. Patrick’s Institution are
transferred shortly thereafter to a special unit in Wheatfield Place of
Detention. A small number of 17 years currently in Wheatfield will not
transfer to Oberstown but will be remain in the adult prison system until
they complete their sentence or ‘age out’ – this process is expected to
take approximately 9 months.
The Minister for Justice and Equality, at the same time as the Minister for
Children and Youth Affairs makes the relevant orders, will make the
necessary legal instruments to commence relevant sections of the Prison Act
2015, to fully close St. Patricks Institution and specify the last
remaining part of St Patrick’s Institution as part of Mountjoy Prison with
effect from 7 April, 2017.
Funding approval of c. €50m was confirmed for the Oberstown capital
development project in 2012. The project involved an increase in the
capacity of the Oberstown campus and replacement of some existing detention
facilities which lacked in – room sanitation and have reached the end of
their useful life.
The remit of the Ombudsman for Children was extended to include children
detained in adult prison facilities in 2012.