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Dáil Éireann debate -
Tuesday, 30 Sep 2003

Vol. 571 No. 1

Written Answers. - Restorative Justice.

Seán Crowe

Question:

1123 Mr. Crowe asked the Minister for Justice, Equality and Law Reform his views on the desirability of expanding community restorative justice schemes across Ireland; the work which has been done in examining this area; and his plans to address the problem, predominant in working class areas, of a high level of distrust between the local community and the Garda. [19810/03]

The Children Act 2001 contains a range of innovative measures on restorative justice for juvenile offenders 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 National Children's Office has responsibility for overseeing the implementation of the Act and co-ordinate regular working group meetings. During the passage of the Act through the Oireachtas, it was made clear by the Government that implementation would have to take place on a phased basis given its complexities.

Significant parts of the Act have already been commenced. 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: (i) 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; (ii) the establishment of the Children Court; (iii) 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; (iv) the introduction of a curfew for children found guilty of offences; (v) court orders to parents to exercise proper control over their children; (vi) the updating of the law in relation to cruelty to children and persons who cause or encourage a sexual offence on a child; (vii) reversing the burden of proof on parents whose children are found begging; (viii) a limited “clean slate” in respect of most offences committed by children; (ix) provisions relating to the safety of children at entertainments.

The Garda juvenile diversion programme provides that, in certain circumstances, a juvenile under 18 years of age who freely accepts responsibility for a criminal incident may be cautioned as an alternative to prosecution. The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at the local level.
Part 4 of the Children Act 2001 introduced the concepts of restorative justice, specifically restorative cautioning and restorative conferencing, to the juvenile diversion programme. Essentially, these provisions provide for the inclusion, where appropriate and possible, of the victim, the juvenile's family and the wider stakeholding community in the process of diversion. To facilitate these innovative developments, most of the Garda juvenile liaison officers have now received training in mediation skills, with advanced training being provided to selected officers.
Ongoing evaluation of restorative justice practice is being carried out by the Garda research unit. It is intended that, as Garda juvenile liaison officers become more skilled in administering restorative justice, they will be able to focus on the more complex and high-risk offenders, with a view to further reducing the incidence of recidivism.
In addition to the Garda juvenile diversion programme, there are in existence a total of 64 Garda youth diversion projects. These projects are a community-based, multi-agency crime prevention initiative which seeks to divert young persons from becoming involved – or further involved – in anti-social and-or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects.
My Department has a strong commitment to the principles of restorative justice and is very clear about the advantages it offers to communities and victims of crime. Under the Criminal Justice (Community Service) Act, 1983, a court may make a community service order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the order being made. The order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. The aim of a community service order is to rehabilitate the offender through the discipline of having to work in the community and the making of meaningful reparation to that community for his or her crime.
My Department also funds two restorative justice projects through the probation and welfare service – (i) the victim-offender service in Tallaght and (ii) the Nenagh reparation project. Both projects work closely with the community and have community representation on their management committees.
In their broad range of work probation and welfare service staff are very aware of the impact of crime on victims and communities and their work with offenders has a strong focus on ensuring that offenders take responsibility for the hurt and damage caused by their crime. Expansion of the dedicated restorative justice projects is desirable and I intend to develop further such projects through the probation and welfare service as and when resources allow.
I can assure the Deputy that through their involvement in Garda intervention projects and other initiatives, gardaí are committed to maintaining good relationships with the community which they serve.
Question No. 1124 answered with Question No. 1117.
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