Dáil Éireann Debate, Thursday - 27 May 2004
201 Ms Shortall asked the Minister for Justice, Equality and Law Reform when he expects the implementation of the provisions of the Children Act 2001 in respect of the making of parental supervision orders; the reasons this has not yet been implemented; and if he will make a statement on the matter. [16066/04]
View answerThe 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. The Deputy will appreciate that the Children Act is very complex and comprehensive legislation and, for those reasons, provisions under the Act are being implemented on a phased basis.
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 payment of compensation by parents in respect of offences committed by their children, section 113 of the Act, and a court order which would require parents to exercise proper and adequate control over their children, section 114 of the Act.
Section 111 of the Act provides that, "in any proceedings where a child is found guilty of an offence, the court may make an order for the supervision of the child's parents (a "parental supervision order") where the court is satisfied that a wilful failure of the child's parents to take care of or control the child contributed to the child's behaviour."
A parental supervision order may order the parent of the child to do any or all of the following: to undergo treatment for alcohol abuse or other substance abuse, where such facilities are reasonably available; to participate in any course that is reasonably available for the improvement of parenting skills; adequately and properly to control or supervise the child to the best of their ability, except where the terms of any community sanction imposed on the child make such control or supervision impracticable; to comply with any other instruction of the court that would in its opinion assist in preventing the child from committing further offences.
The successful implementation of the community based options in the Act, including the new parental supervision order provided for under section 111 of the Act, will require a very significant input from the probation and welfare service. In this context, additional probation and welfare officers are being recruited. It is the intention that the community sanctions provided for in the Act will commence to be implemented on a phased basis from June 2004, as staffing and other necessary resources allow.
202 Ms Shortall asked the Minister for Justice, Equality and Law Reform the progress to date in providing separate detention facilities for 16 and 17 year old girls; and if he will make a statement on the matter. [16068/04]
View answerPlans currently underway for the replacement of the Mountjoy complex will address the issue of separate detention facilities for 16 and 17 year old girls.
