The Children Bill, 1996 was thoroughly examined in my Department to identify appropriate changes which would ensure that it could more effectively meet its objectives, that it would reflect the most modern thinking on juvenile justice and that it took account of comments I made in my contribution, when Opposition spokesperson on Justice, to the Second Stage debate on the 1996 Bill.
The examination, which was carried out in co-operation with the Departments of Health and Children and Education and Science. gave rise to the need for a thorough recasting of the 1996 Bill in the form of a new Bill. The following are some of the more significant changes contained in the new Bill.
The Bill will raise the age of criminal responsibility from seven years to 12 years. The 1996 Bill proposed to raise the age to 10 years. Provision is being made for a family welfare conference. This will be a preventative measure, organised by the health boards, aimed at providing services for children at risk and their families. There will be a greatly expanded role for restorative justice within the statutory Garda diversion programme. This will include: the introduction of restorative cautioning, namely, a more pro-active version, with the victim in attendance, of the present system of administering a formal caution; provision for a person who is not a member of the Garda Síochána to chair the conference which will be an integral part of the diversion programme; and an action plan and a written "contract" of compliance with the plan.
It is proposed to further expand the restorative justice provisions by the introduction of a court directed and supervised family conference. This conference will be operated by the probation and welfare service. It is proposed to introduce a special residential services board to ensure the efficient, effective and co-ordinated delivery of services to children on whom children detention orders have been imposed – offenders – or in respect of whom special care orders have been made – out of control non-offenders.
It is proposed to ensure that any person who aids, abets, counsels or procures an underage child to "commit an offence" will be guilty of that offence.