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Dáil Éireann debate -
Tuesday, 2 May 1978

Vol. 306 No. 1

Ceisteanna—Questions. Oral Answers. - Young Offenders.

12.

asked the Minister for Justice his proposals in relation to new legislation dealing with young offenders.

14.

asked the Minister for Justice if, in relation to the statement made on his behalf by the Minister of State at the Department of Finance and reported in a daily newspaper on 11 March 1978 to the effect that new laws in relation to young offenders would be introduced later this year, he will state whether a new Bill on this subject will be introduced based on recommendations of the Task Force on Child Care Services or whether a Bill will be introduced which does not take account of the views of this body; if it is his intention to introduce legislation in relation to young offenders separately from legislation in relation to child care services as a whole; and which member of the Government now have responsibility for introducing new child care legislation.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 12 and 14 together. In regard to the general question of proposals for new legislation, I would refer the Deputies to the answer I gave to Question No. 31 on 27 April 1978.

The Minister of State at the Department of Finance in the statement referred to did not mean to suggest that new laws in relation to young offenders would be introduced later this year. What he said was that later this year the courts will have real control over these offenders, meaning, as was to be inferred from the context, that the courts will be able to send to Loughan House offenders who cannot be contained in other schools.

As regards the final part of Deputy Desmond's question, I pointed out on 8 December 1977 in reply to a parliamentary question, that the law relating to the taking of children into care is not primarily a matter for me and that at least two other Ministers are concerned with aspects of child care. I would also draw attention to the reply given by the Taoiseach to Questions Nos. 3 and 4 on 25 April 1978.

May I take it that it is not the intention of the Minister or his colleagues to bring in new laws relating to young offenders later this year?

I refer the Deputy to the answers given here by the Taoiseach and by the Minister for Health in this regard.

A "yes" or "no" would be simpler.

The Deputy might not have to ask the question if he looked up the question to which I referred.

I cannot dash off just now. Does the Minister not accept that a reasonable inference from the speech made to the Prison Officers' Association is that new laws relative to young offenders will be introduced?

No. The Deputy is wrong and is completely misinterpreting the speech made by the Minister of State at the Department of Finance.

May I take it that it is not the intention to introduce such laws?

No. The Deputy has misinterpreted a statement made by Deputy Wyse, the Minister of State.

Is it the position that the Minister for Health has overall responsibility in the area of child care? Are there any proposals for legislation in the general area of child care as opposed to proposals which the Minister might have in relation to child offenders?

No. I have not the overall responsibility in this field. The Deputy is aware that the Minister for Health has stated in this House that he is responsible for the task force and that he expects to hear from them within 12 months with regard to the 1908 Children's Act.

Is the Minister aware of the criticism expressed by the task force in their interim report of the lack of data? The data available in the area of child welfare is partial and crude. Have the Government any plans for the accumulation of data?

I suggest that the question might be directed to the Minister for Health who has responsibility in this field.

Is the Minister aware that one of the recommendations in the report of the Henchy Committee was that his Department should compile such statistics? Does he intend to do so?

The Deputy might put down a separate question on that matter.

It is an entirely unsatisfactory situation whereby the Minister indicates that the Ministers for Health and Education have certain responsibilities also and between the three of them nobody knows who is responsible for child care services.

The responsibility in this area should not be unknown to the Deputy because the situation which exists now existed when the Tánaiste in the former Government, the then Leader of his party, set up the task force.

That is not an excuse for inactivity on the Minister's part.

There is no question of inactivity on my part. There are some who say that there is anything but inactivity on my part.

What about the Kennedy Report?

The Minister referred to the interim report of the task force. Would the Minister not agree that Loughan House is totally contrary to the advice given by the task force in the interim report?

Nowhere in the answer I gave did I mention the interim report of the task force.

Would the Minister agree that the whole concept of Loughan House is contrary to——

If the Deputy would wait until we get to the questions dealing with Loughan House I will be prepared to discuss the matter.

I mentioned it because the Minister referred to answers given in the Dáil by the Taoiseach who seemed to be somewhat confused last week when he seemed to be under the impression that Loughan House was in accordance with the recommendations of the task force.

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