I raise this matter in the context of a recent case tried in the courts relating to an offence committed on a young victim in Dundalk. The young boy who was aged 12 when the offence occurred almost two years ago suffered burns to 80 per cent of his body and 15 per cent burns to his legs. His injuries were, to say the least, horrendous. As a result, this young boy spent three months in intensive care, suffered multiple shock and epileptic and psychotic disorders. It is obviously harrowing to think that this boy would more than likely have died had it not been for the immediate response of an eyewitness to the horrific event.
In court last week the judge stated that it was his intention to impose a custodial sentence on the accused. Unfortunately, it transpired that he could not do this. He pointed out that the accused, almost 17 years of age, was too old for Trinity House and the only place available was St. Patrick's Institution, a place of detention with a lack of adequate educational facilities. St. Patrick's does have some educational facilities but it was submitted and, indeed, accepted that they were not adequate in this case and that the accused would suffer educationally and vocationally. Due to the inadequacy of the trade teaching facilities in St. Patrick's the trial judge had little choice but to give the accused a two year suspended sentence. He also placed him under a strict curfew and probation supervision by the Dublin Circuit Criminal Court.
This case clearly serves to highlight the urgent need for a place or places of detention in this State with adequate educational facilities for those aged between 16 and 18 years. At present, the Eastern Health Board and other health boards are purchasing properties to place young offenders with minders. This is costing a considerable amount of money. I humbly submit that this money might be better spent if a detention unit with educational and vocational opportunities for young offenders was provided.
The trial of the Dundalk youth clearly demonstrates that the Irish criminal justice system has little comfort to offer the young victim and his parents. The system has let this family down. No words of mine can turn the clock back for the young victim or, indeed, his distraught parents, but the very least they were entitled to expect was that the punishment would fit the crime. I am not placing any blame on the court but I am placing a considerable amount of blame on a system which allowed a person who committed an offence as horrific as this to walk out on the streets without the punishment being seen to fit, and not fitting, the crime.
For too long under the Irish penal system of justice, people who commit serious offences either spend little time in prison or, if they are young offenders, appear to be able to walk free because there is no place to put them. The 1908 Children Act did envisage a place of detention with educational facilities. The time has come for us to provide adequate detention facilities for young offenders. They are now getting the same simple and lucid message as hardened criminals: if one commits a serious criminal offence, the punishment will not fit the crime. I believe that, not only in this case but in the case of virtually everybody who has the use of reason, there is a crying and desperate need for this State to tell those who commit serious crimes that the punishment will fit the crime and that if they commit a serious criminal offence, not only will they go to prison or a place of detention but they will stay there until they have served their debt to society or be made an example of to others who might be of like mind.
In this context, I also call on the Government to stop the dithering on urgent legislation. I acknowledge the work done by the Minister of State at the Department of Justice, Deputy Currie, on the Juvenile Justice Bill but at this point, I ask him to bring the legislation before the House.
