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The responsibility for implementing this change fell to the Department of Education and it took eight years to find a replacement. The lack of urgency was partly because of the falling numbers of boys under detention, which made it a considerably less urgent matter, although it was also because the Department was reluctant to take responsibility for this facility, which it believed properly came within the remit of the Department of Justice.

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In September 1936, on foot of the Cussen Report, the Department of Education instructed the Office of Public Works (OPW) to make inquiries about alternative premises, and to assess, in particular, the suitability of the Infirmary Buildings at the Royal Hospital Kilmainham, but these however, had been assigned to the Garda Síochána. In November 1936, the Department of Education again asked the OPW to ‘make immediate inquiries’ about alternative premises. There were no developments for six months, and the Department contacted the OPW again in March 1937. It suggested using a part of the Royal Hibernian Military School, but this proposal was dismissed as too costly.

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The Department of Education recommended suspension of the search for alternative premises. The decrease in numbers prompted the Department of Finance, in March 1938, to ask the Department of Education whether there was a real need for a special place of detention, to which the Department of Education replied that there was ‘no immediate urgency’ to look for alternative accommodation. In this letter of 19th March 1938 to the Department of Finance, the Department of Education made clear the Department’s position on having to run a remand centre: This institution has been the source of much bother to our Department which is all the more annoying when it is remembered that the provision of Places of Detention is the business of the Police Authorities and not a proper function of our Department. However, since we have accepted the responsibility, we can hardly rid ourselves of it now: we tried unsuccessfully to do so a few years ago and Summerhill is one of the many troublesome “babies” that we must continue to hold.

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The Department of Education informed the OPW that there was ‘no immediate urgency’ to acquire alternative premises but, if one was found at a reasonable cost, it should be acquired.

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The small number of admissions was raised again by the Department of Education which found that, in the year from September 1937 to September 1938, there were 116 days when only one boy was admitted, and 115 when there were no admissions, giving a daily average for the year of 1.4. This prompted them to state that the existing facilities at Summerhill ‘should suffice until more suitable premises have been secured’.

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In November 1939, the Department of Education inspected Marlborough House. Although it was considered too large, it was deemed to be suitable for adaptation as an alternative premises, and the thinking at that time was not to take immediate possession of it but to put a lien on it for future use. However, the onset of the Second World War expedited matters and, from 1941 onwards, the acquisition of Marlborough House became a matter of priority, because Summerhill was considered to ‘be unsafe in the event of serial bombardment’ as it had no air raid shelter and there were no plans to build one. Such was the urgency of finding alternative premises that the Department enlisted the services of an estate agent in February 1942. All but one of the premises he found were deemed unsuitable, and there is no record as to why the one suitable was not purchased.

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Further delays ensued in the acquisition of Marlborough House, as sanction was required by the Department of Finance, and a complication arose when the Department of Defence also sought possession of the house for use as a food and rest centre during the war. Matters were further complicated, as legal objections were raised by the lessor of Marlborough House who objected to its use as a detention centre.

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In June 1943, the Chief of the Dublin Fire Brigade inspected Summerhill and ‘condemned’ it and wanted its immediate closure, but he was unwilling to take such action ‘against a Government Department’. The Department of Education informed the Department of Finance of this development, but sanction was still not forthcoming. The Department of Education resorted to making a submission to Government on 19th July 1943 on the issue. Finally, on 12th August 1943, the Department of Finance sanctioned the proposed alterations and finally made possible the use of Marlborough House as a place of detention for young boys.

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The Minister for Justice registered Marlborough House as a place of detention for up to 50 male children under 17 years of age, to be administered by the Department of Justice. While in Summerhill children aged 4 years and upwards had been detained, in Marlborough House the lower age limit was 7 or 8. Between 1944 and 1972, there were approximately 21,500 admissions to Marlborough House. In 1943 the daily average number of boys detained in the School was 10. The daily average number in 1960 was 15. On 1st August 1972, when it closed, records show that there were 16 boys detained there.

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Whilst the Department of Education had sole managerial responsibility for the Institution, the role of the Department of Justice pursuant to section 108(3) of the Children Act, 1908, was to satisfy itself as to the ‘suitability of the accommodation’ at Marlborough House. The Department of Justice in their Statement to this Committee wrote: The files in the Department of Justice (“the Departmental files”) reveal that the practice was that the administration and operation of Marlborough House was dealt with by the Department of Education and that this position was maintained by officials of the Department of Justice in dealings with the Department of Education ...

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The management and administration of Marlborough House remained, therefore, the responsibility of the Department of Education, and the day-to-day administration was undertaken by lay persons who were employed by the Department of Education. Staffing levels increased over the years, rising from six staff in 1944 to 24 in 1972.

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The calibre of the staff was problematic from the very beginning, as they were recruited from the local Unemployment Exchange. Potential candidates were interviewed by the Superintendent, who then made a recommendation to the Department of Education for the appointment of the staff member. It is not clear what criteria the Superintendent applied in making these appointments. The staff were mainly male and had no childcare experience as this was not a requirement for the job at the time.

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An Inter-Departmental memorandum of 15th March 1944 from the Department of Education to the Assistant Secretary of the Department of Finance, written two weeks before Marlborough House opened, indicated a high level of awareness as to the problems in Marlborough House: This circumstance has again set me thinking of the unsatisfactory nature of the present management of the Place of Detention. It is staffed by the lowest paid labour known to the Civil Service ... To speak with brutal candour, I view with alarm the impression they will make on visitors to the New Place of Detention.

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The Department memorandum added: The Department would have disposed satisfactorily of responsibilities which, in my opinion it should never have undertaken and is, in the nature of things, unable to discharge satisfactorily.

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In a subsequent letter to the Department of Finance dated 30th March 1944, the Department of Education referred again to the poor quality of staff: I am directed by the Minister for Education to inform you that the method of running the Place of Detention, formerly located at Summerhill and recently transferred to Marlborough House, Glasnevin, has never been regarded as satisfactory. The management is in the hands of a Superintendent (£50 per annum plus quarters) a Matron, the Superintendent’s wife, (£30 per annum) and three Attendants who receive, approximately, the same pay as messengers in Government Offices. With a staff of this calibre the maximum that can be expected is that the fundamental human needs of the youths detained there should be attended to and that they should be prevented from escaping. No personal reflection is intended on the present staff who are the best we have been able to get for the wages and conditions of service offered ... The Minister for Education is satisfied that this standard is inexcusably low for an Institution of its type which is managed directly by this Department. Public interest in juvenile delinquency and its associated problems has shown a marked increase in recent years. In England and elsewhere young offenders are subjected to observation and treatment by Psychiatrists in special clinics. There is in this country an ever-growing interest in this method of dealing with the problem. The growth of enlightened public interest has thrown into stark relief the already well known shortcomings of the Place of Detention and the Minister is satisfied that the present system cannot be allowed to continue any longer.

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