Dáil Éireann Debate, Wednesday - 12 April 2017
88. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the actions she will take arising from the recommendation of the United Nations Committee on the Rights of the Child recommending that the State reinstate the provisions setting the age of criminal responsibility at 14 years of age; and if she will make a statement on the matter. [18505/17]
View answerAs the Deputy may be aware statutory provision in relation to the age of criminal responsibility in the State is set out in section 52 of the Children Act 2001 (as amended). The Criminal Justice Act 2006, which amended the Children Act, effectively raised the age of criminal responsibility from 7 years of age to 12 years of age and provided in general that children under the age of 12 years may not be charged with an offence. While 10 and 11 year-olds can be charged with serious offences, the Children Act provides that no prosecutions of any child under the age of 14 years may take place without the consent of the Director of Public Prosecutions. There is a further safeguard in the legislation whereby the court has the power to dismiss a case against a child under 14 years of age if "having due regard to the child's age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence". While there are currently no plans to amend the provisions in the Children Act 2001 (as amended) relating to the age of criminal responsibility, the Youth Justice Action Plan 2014 – 2018 includes an action to review generally the operation of the Act. In addition, the Garda Commissioner is currently undertaking a review of the operation of the Garda Diversion Programme, the outcome of which may have implications for the current legal framework.
