The State is expected to go to the High Court today to respond to the threat to hold three Government Ministers in contempt unless a safe place of detention is found for an extremely disturbed 17-year-old girl.
In an unprecedented move, Mr Justice Kelly yesterday issued the contempt warning against the Ministers for Justice, Education and Health.
However, last night legal sources said it was unlikely Mr Justice Kelly would attempt to send any of the Ministers to jail. A number of senior counsel thought it likely the Ministers would comply with the order.
But even if they fail to do so, a number of remedies are available to the judge which fall short of jailing the Ministers. These include imposing a fine for every day they remain in contempt, or sequestering some or all of the assets of their Departments.
The Attorney General, Mr Michael McDowell, was last night considering the matter and will advise the Ministers on how they should respond.
The Minister for Health and Children, Mr Martin, last night gave a commitment that when the girl was found, she would be cared for on an emergency basis.
The 17-year-old girl has been at large since October 13th and a warrant has been issued directing gardai to locate, arrest and detain her. Regarded as extremely high risk, she has twice attempted to hang herself and once tried to set herself on fire.
Mr Justice Kelly yesterday said he was ordering the health board responsible for the girl's welfare and the three Ministers, each of whom has a responsibility for some element of childcare, to find a "secure place" for the girl.
The judge's order was welcomed by Opposition parties last night. They said they hoped the order would force the Government to provide the investment and initiative needed to support vulnerable children.
In a statement, the Minister for Health last night moved to defend his Department's role.
Mr Martin said that after the case came before the courts in May, his Department converted a suitable house at a cost of about u£250,000 and provided eight dedicated staff to care for the girl. Counselling, therapy, and education services were also provided.
"In regard to securing a safe place for this child in the short term, officials of my Department have confirmed with the health board that she will be cared for on an emergency basis as soon as she is found," the Minister said.
There was surprise in Government circles at Mr Justice Kelly's firm sanction in court. The judge has been a strong critic of Government inaction on finding secure detention places for young offenders for several years. Some months ago, he demanded that the Department of Health adhere to its own timetable for the provision of secure units.
The matter will be raised in court again within 48 hours of the girl either voluntarily giving herself up or being apprehended.
The judge refused an application by the State for a stay on his order, but said the matter could be raised before him today. It is expected the State legal team will go into court today.
In a reply to a parliamentary question yesterday, the Minister for Education said that so far this year 17 young offenders who were either committed or remanded by courts to juvenile offender centres were not accommodated due to lack of places. The number not accommodated due to lack of places in the last four years was 66, he said.
The matter was raised on the adjournment in the Dail last night by the Opposition. The Fine Gael spokesman on health and children, Mr Gay Mitchell, welcomed Mr Justice Kelly's order and claimed he was forced to take this route because the Government and Ministers were not doing their jobs.
The Labour Party spokeswoman on health and children, Ms Roisin Shortall, said the judgment highlighted the lethargy and inaction, which were the "hallmark of Government policy towards children at risk".