A spokesperson for the Minister for Children says Frances Fitzgerald will not attend the Children's Court today to explain the lack of custodial places for children.
Last week, Judge Ann Ryan called on Minister Fitzgerald to attend the court when it emerged that there was no place to detain a teenager facing a string of charges including heroin dealing.
She said Minister Fitzgerald had assured her matters would be dealt with but it has now been going on for over two months.
However, it has now emerged Minister Fitzgerald is sending a representative from her office to court today.
Catherine Ghent, a child law specialist with Gallagher Shatter Solicitors, says the minister needs to give a certain amount of reassurances.
“(She needs to reassure that) where detention beds are needed, they will be provided so we don’t have children out on the streets who shouldn’t be,” Ghent said.
“We also don’t want situations where judge start reverting to what we used to do which is either order to make them stay in a garda station which would be utterly inappropriate or else make orders to detain them in institutions and expecting the state to fulfil them.
“That would set everybody back 15 to 20 years.”