Written Answers. - Implementation of Legislation.
Richard Bruton
Question:
364
Mr. R. Bruton
asked the
Minister for Justice, Equality and Law Reform
the sections of the Juvenile Justice Act which were brought into effect in May 2002 and those which still await implementation; the extra resources which have been put in place to implement the sections brought into effect; and the resources which are required to implement the remaining sections.
[19289/02]
The Children Act, 2001, introduces a wide range of innovative measures that will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. Three Departments have a role in implementing the Act – the Department of Justice, Equality and Law Reform, the Department of Health and Children and the Department of Education and Science.
The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April 2002. The order, which came into force on 1 May 2002, provided for, inter alia, the establishment of the Garda diversion programme on a statutory basis and the introduction of a diversion conference based on restorative justice principles as pioneered in New Zealand; the establishment of the Children Court; the introduction of a fines structure for children found guilty of offences and the payment of compensation by parents in respect of offences committed by their children; the introduction of a curfew for children found guilty of offences; court orders to parents to exercise proper control over their children; the updating of the law in relation to cruelty to children and persons who cause or encourage a sexual offence on a child; reversing the burden of proof on parents whose children are found begging; a limited “clean slate” in respect of most offences committed by children and provisions relating to the safety of children at entertainments.
The Probation and Welfare Service, as part of its planning for implementation of the Children Act, 2001, engaged trainers from the Department of Child, Youth and Family in New Zealand for the intensive training of all senior probation and welfare officers as facilitators for family conferences to be convened and managed in accordance with the requirements in sections 80 and 81 of the Act, as well as providing day seminars for all probation and welfare officers. This training was completed in October 2000 and cost £18,056, €22,926. The service will provide ongoing training through its staff development unit as required.
As regards Part 4, sections 29 to 43 of the Children Act, 2001, which concern the holding of Garda conferences in respect of an offending child, I am pleased to report that IR£50,000, €63,487, was provided to the Garda Síochána in the year 2000 in order to train members of that organisation in mediation and conferencing skills and to conduct a pilot scheme of conferencing in the Dublin metropolitan region. Subsequently, in May 2002, a further sum of €76,000 was provided to the Garda authorities to conduct further training of members and to further support the cost of conferencing. Other sections of the Act brought into force under the Children Act, 2001 (Commencement) Order 2002, as they relate to the Garda Síochána, have been cost neutral in overall terms, with any additional financial requirements being met from within existing allocations. Bringing into operation of the remaining provisions of the Act is not expected to have any significant resource implications for An Garda Síochána.
Two areas in particular have been identified as having cost implications for my Department in the future. First, I will be obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts either on remand or under sentence. I plan to provide a 38 bed unit for male juveniles with full support facilities on a dedicated site adjacent to Cork Prison. At present, a tender competition is being prepared for this facility. I also plan to provide a facility in the Dublin area for 110 juveniles – 90 male and 20 female. My Department is actively investigating the suitability of several sites in the greater Dublin area for this facility. It is not possible, at this stage, to provide the development or running costs of these centres.
Second, the Probation and Welfare Service will have many additional responsibilities under the legislation. My Department is in consultation with the Department of Finance in regard to the provision of additional probation and welfare staff to assist in the implementation of the Children Act, 2001, and in regard to the other current and capital costs which will be associated with implementation. Full implementation of the Act is expected to be phased over a number of years. The amounts to be provided in 2003 will be settled in the context of the Estimates process for 2003 which is under way at present.
