2713. Deputy Mark Ward asked the Minister for Children, Disability and Equality the number of young people who have been sentenced to a detention centre (details supplied) but received suspended sentences due to the campus being at capacity; to outline the outcomes in this situation; and if she will make a statement on the matter. [57503/26]

Oberstown is an aegis body under the auspices of the Minister for Children, Disability and Equality. It is the State’s sole national facility for the detention of children, and as such, it operates within the wider context of the youth justice system. Under the Children Act 2001, detention of a child in Ireland is intended to be a measure of last resort and may only be used where it is the only suitable way of dealing with a child in conflict with the law. Alternative community-based and youth diversionary measures should be considered first. The Minister for Justice, Home Affairs and Migration has responsibility for those matters.

Over the past two years demand for places in Oberstown has increased. The Minister for Children, Disability and Equality is working to address this issue and in March 2026, increased the capacity for boys in Oberstown by two from 40 to 42 and at the same time reduced the capacity for girls from six to four. Currently the total capacity of Oberstown stands at 46 (42 boys and 4 girls).

Under the Children Act, 2001 (as amended), a Judge may sentence a child to a detention order or to a detention and supervision order. It is primarily in those circumstances that Oberstown will become aware of a child or a case.

Occasionally, a Judge or a prosecuting member of an Garda Síochána can contact Oberstown to assess if a space is available at the campus. I understand this happens on the day of a court case and that it may not happen in all cases. It is not possible for the Department of Children, Disability and Equality or for Oberstown to know what happens in all court cases involving children in conflict with the law.

I am advised by Oberstown’s Admissions Office that the number of times contact was made with Oberstown about the availability of beds for boys and where Oberstown advised that there were no beds available to the Courts due to full occupancy levels in 2025 was 21. Oberstown has always had spare capacity for girls.

The number of times beds for boys were sought and were unavailable to the Courts due to full occupancy levels between January and July of 2026 is 9.

Oberstown has no further information on the outcome of these 30 cases. Rather this is in the remit of the Courts and therefore individual courts or the Courts Service would have this information.

There is one other circumstance where Oberstown can be made aware of the proceedings of a court case involving a child in conflict with the law. Section 144 of the Children Act, 2001 (as amended) covers instances where a Judge intends to make a detention order in respect of a child but the Judge is aware that there is no space for the child at Oberstown on that day. In those cases, the Judge may make a deferred detention order. When a space becomes available, arrangements are made so that the child is brought back to court and on to Oberstown.

There was one instance of a deferred order, which happened in 2026. The child in question was detained at Oberstown following an initial deferral.