Law change possible as seven children freed from detention
The judgement by Mr Justice Gerard Hogan followed a case which highlighted the absence of remission for those in Children Detention Schools. Remissions are commonplace in the adult prison system. The case brought before the High Court related to the detention of a young person in Oberstown Boys School under Article 40 of the Constitution.
In a statement, the Department of Children and Youth Affairs said, on legal advice, it was making the necessary arrangements to immediately release seven children from the Children Detention Schools, Oberstown, Lusk, Co Dublin.
The department’s statement said two of the children have been released on foot of the court hearing and a further five children are being released.
It said Ms Fitzgerald would examine the judgment carefully to assess whether any other legal steps are necessary, including any required amendments to the Children Act 2001.
Ms Fitzgerald said: “I have taken note of the ruling today by Mr Justice Hogan, and have arranged for seven 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.”
The State’s position in the High Court case was that Children Detention Schools had a distinctive role and should be distinguished from the adult prison system. It also noted that the Children Act 2001 does not provide for a system of remission, although it does allow for temporary leave, supervision in the community and limited early discharge.
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