Mr. űpikTo ask the Secretary of State for Northern Ireland (1) how many boys who have been assessed by the Placement Panel were recommended as suitable for transfer from Lisnevin to another juvenile justice centre; and if he will make a statement; [142166]
(2) if children can be legally represented at the Placement Panel; and if he will make a statement; [142170]
(3) who is responsible for deciding whether to implement the decisions of the Placement Panel; on what criteria this decision is made; and if he will make a statement; [142168]
(4) how many boys assessed to be suitable for transfer by the Placement Panel were transferred to (a) St. Patrick's and (b) Rathgael; and if he will make a statement; [142167]
(5) if there is an appeals process against the decisions of the Placement Panel; and if he will make a statement; [142171]
(6) what the current membership of the Placement Panel is; and if he will make a statement; [142169]
(7) how many boys in Lisnevin have been assessed by the Placement Panel for suitability for transfer to another juvenile justice centre since the introduction of the Criminal Justice (Children) (NI) (1998); and if he will make a statement. [142165]
§ Mr. IngramIn the period 1 February 1999, when the provisions of the Criminal Justice (Children) (NI) Order 1998 came into effect, to 4 December 2000, a total of 537 cases of boys in custody in Lisnevin were assessed by the Placement Panel for suitability for transfer to a different juvenile justice centre. A number of boys would have been remanded several times in the period and accordingly their cases would have been reviewed on a number of occasions.
In the same period, 93 recommendations for transfer to another less secure juvenile justice centre were made. Of these recommendations 59 transferred to St. Patrick's and 13 to Rathgael. Rathgael Juvenile Justice Centre is largely reserved for girls but will also accommodate a small number of especially vulnerable boys whereas St. Patrick's accepted boys only.
It is the duty of the Secretary of State [under para 1(1) of Schedule 2 of the Criminal Justice (Children' s)(NI) Order 1998] to determine the placement of children sent to custody by the courts. Routinely boys, who are either remanded or committed, go directly to Lisnevin and the Secretary of State obtains advice from the non-statutory 128W Placement Panel. The Panel comprises representatives from the three Juvenile Justice Centres, Probation and Juvenile Justice Branch of the Northern Ireland Office. Other specialists' input is called upon as required, for example from a psychologist who specialises in the treatment of children in custody.
The function of the Panel is to advise the Secretary of State and his officials on placements. The Secretary of State's responsibility when deciding on placement has to balance the need of the child in terms of custodial surroundings and the child's own best interests with the wider need to protect the public and prevent the children from reoffending. As the legislation is intended to restrict custody to the most serious and persistent offenders, who present the most challenging behaviour, secure accommodation is more appropriate to their needs in most cases.
Children's views of placement are made known to the Panel through the normal assessment process. The issue of placement came before the courts by way of a judicial review challenging a decision of the Secretary of State to place a boy in Lisnevin rather than St. Patrick's. In his judgment, the Lord Chief Justice for NI found that the Secretary of State's decision was not in breach of the standard international rules on the treatment of children, no abuse of power had occurred and there was no evidence that the applicant had suffered any disadvantage arising from the Secretary of State's placement decision. There is no appeals procedure as such; however children are advised of the Secretary of State's decision and during the course of the period when the child is in custody his or her case is kept under review. In the case referred to above, the Lord Chief Justice also found that this element of the procedure also fulfilled human rights obligations.
With the consolidation of all juvenile justice custodial services onto a single site, the placement process will become obsolescent in its present form.