A row over the chronic shortage of detention centre spaces for young offenders intensified today when a judge demanded immediate action from Minister for Children Frances Fitzgerald to deal with the crisis.
Judge Ann Ryan said the State's juvenile courts' "hands are tied" as they are forced to let potentially dangerous youngsters back onto the streets while eight beds are left unused in a detention centre due to staffing problems.
She was told today at the Dublin Children's Court that there are currently 36 operational beds to hold boys aged under 17-years of age, at two facilities in north Dublin, Oberstown Boys Centre and Trinity House detention school, which are capacity-filled most days.
However, eight beds are not being used due to “staffing issues” resulting from the implementation of a new roster.
The judge criticised the Minister, who was represented by two officials, and said “Get eight beds open please... now.”
And the judge also heard that in the long-term there will be no significant increase in the number of detention spaces for young offenders until mid-2014.
Michelle Shannon, the director of the Irish Youth Justice Service (IYJS), which has responsibility over the State's juvenile detention centres, told Judge Ryan, "I want to assure you that the Minister is trying to address the matter."
“Long term plans are in place to increase the capacity in Oberstown and to meet the government’s proposal for detention of 17-year-olds in Oberstown.”
“The eight beds in Trinity House, the plan is that will be open as soon as possible. The reason for this is staffing issues arising out of new rosters put in place after 30 years with effect from February 25 this year. A number of staffing issues arising out of that have to be resolved.”
“An audit is under-way to review the roster to look at the efficiency and effectiveness of the roster with the view to open the eight bed unit and meet the demands of the court.”
“The Minister is committed to a building programme and tenders were received on May 3 and are being evaluated at the moment. Construction is due to start in July and there should be additional spaces available by the middle of 2014.”
Ms Shannon said that an increase in detention orders have put pressure on the system. “From May 2012 16-year-olds were accommodated in Oberstown until then they had been in St Patrick’s Institution. Since then there was a significant increase in the number of referrals by the courts.”
In 2012 the daily average of boys at Oberstown and Trinity House was 21 boys whereas so far this year it is 31. “And in recent months full occupancy of the 36 available beds,” Ms Shannon said.
In reply the judge said: “The last thing we want to do is put a child in detention and we must consider all other ways to deal with that child.”
She outlined how community service and probation supervision is considered first and said that many of the young people are before the courts as a result of social deprivation and have addition problems.
“We try as much as possible to make a child understand the effect of their behaviour on a victim and in doing so work closely with the Probation Service through a restorative approach which when it works, works very well.”
And she said a decision to detain a juvenile is not made lightly and only as a “last resort” when “the court’s view is that the only place a child should be is in detention”.
However last week, a youth who needed to be detained got a suspended sentence because of the shortage of places. She said the problem of not having room to hold young offenders has been recurring over recent months and has seen situations where youngsters were let back into the community to “perhaps commit some awful crime” and are often “likely to harm somebody”, and the “courts hands are tied”.
She thanked Ms Shannon for coming to the court but said it was not acceptable that there are committee meetings and audits while “eight beds need to be open. “Get eight beds open please now,” she demanded.
The issue arose in the on-going case of a 16-year-old boy facing a litany of allegations, including heroin dealing. Gardaí wanted him held in custody for repeatedly breaking bail terms but like, a number of juvenile defendants in recent months, he was released because there was nowhere to hold him.
His life is under threat, the court has also heard and when the case was called this morning, neither the boy nor his mother, who normally accompanies him, turned up and a bench warrant was issued for his arrest.
The judge then spoke to the officials from the IYJS about the problems children’s courts around the country are having because there is frequently no room to hold juvenile defendants when custody has become necessary.
Later the boy was arrested and brought to the court when the judge was told he had continued to break his bail terms in the past week. Judge Ryan then ordered that he was to be remanded in custody until next Thursday adding “There is now a bed available, magically.”
Last week a teenage sex offender was given a suspended sentence after the court heard there were no spaces to hold him.