On the publication of her report on young people in St Patrick\u2019s Institution today (Wednesday), Ombudsman for Children, Emily Logan, has called on the next Government to commit to ceasing the practice of detaining children in prison as a matter of priority.<\/p>\n
At present St Patrick\u2019s Institution is to remain as a place of detention for 16 and 17 year olds until 2014, when phase one of the new national child detention facility is due to open at Oberstown near Lusk in Co Dublin. However, the Ombudsman for Children, along with many others working in the area of juvenile justice, strongly believes that children should not be detained in a prison environment and is seeking a commitment from the new Government to expedite the closure of St Patrick\u2019s Institution as a place of detention for children.<\/p>\n
In the interim period, the Ombudsman for Children is recommending that steps are taken to introduce a care environment rather than the current custodial one, and the Children\u2019s Ombudsman believes that the constructive engagement with her Office by the Irish Prison Service is a first step to achieving this.<\/p>\n
Emily Logan said: \u201cIt is not enough to say that things will change for these young people at some future date. The young people in St Patrick\u2019s Institution have offended and are paying the price for this through the deprivation of their liberty. It is important that the State does all it can to promote and support the dignity of these young people while they are in the care of the State, and supports their reintegration into society. It is also important to note that the young people detained in St Patrick\u2019s Institution have been known to the State for some time, and that most have come into contact with a range of State services on many occasions before they reached St Patrick\u2019s.<\/p>\n
The Children\u2019s Ombudsman added: \u201cWhile my preference is that St Pat\u2019s would cease to be a place of incarceration for children aged 16 and 17, I appreciate that a transition period will be required. I would suggest that this transition period be as short as possible and I hope that the new Government will agree to take the necessary steps to make this happen.\u201d<\/p>\n
\u201cI am pleased that in this time of economic uncertainty that a commitment was given to me last year by the previous Minister for Justice, Dermot Ahern TD, that funding for the new facility in Oberstown will be ring-fenced. I am expecting that this commitment will be honoured by the next Minister for Justice and I look forward to engaging with him\/her in the near future.\u201d<\/p>\n
The Ombudsman for Children\u2019s report, which is based on a series of consultations with young people detained in St Patrick\u2019s Institution, sets out findings and recommendations from the Ombudsman for Children to the management of St Patrick\u2019s Institution and the Irish Prison Service. The report also includes a formal response to these recommendations by the Irish Prison Service. The Ombudsman for Children\u2019s recommendations (detailed in the attached Executive Summary) relate to the areas of:<\/p>\n
The Ombudsman for Children Act, 2002 excludes the Ombudsman for Children from accepting complaints from young people in St Patrick\u2019s. However, an alternative provision in the Act, Section 7 of the Act, gives the Ombudsman for Children the authority to consult with any group of children and young people; to highlight matters of concern to children and young people themselves; and to encourage public bodies to respect children\u2019s rights. It was through this statutory power that the Ombudsman for Children undertook this project which involved consultation with groups of young people detained in St Pat and constructive engagement with staff and management of St Patrick\u2019s and the Irish Prison Service.<\/p>\n
Finally, given the clear need to establish an external, independent mechanism to handle individual complaints from young people in the Institution, the Ombudsman for Children is strongly recommending \u2013 once again \u2013 that the Minister for Health and Children and the Minister for Justice and Law Reform make an order in accordance with Section 11(2)(a) of the Ombudsman for Children Act, 2002, so that the Ombudsman for Children\u2019s Office is enabled receive complaints from young people under 18 detained in the Institution.<\/p>\n