Dáil Éireann Debate, Thursday - 19 October 2017
39. Deputy Catherine Connolly asked the Minister for Justice and Equality the strategy in place for minors who are deemed unsuitable to enter the youth diversion programme; and if he will make a statement on the matter. [44278/17]
View answerAs the Deputy will be aware the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that a young person who is responsible for committing a crime shall be considered for admission to the Programme. The Diversion Programme has been very successful in its primary purpose of diverting young offenders away from the criminal justice system.
It is the responsibility of the Director of the Diversion Programme to decide on whether or not a young person should be admitted to the Programme, taking into account the relevant circumstances of the case. Where an individual is deemed unsuitable for admission to the programme a prosecution may be pursued, although there may not be sufficient evidence for a prosecution in all such cases. It is very important to note that it would be entirely wrong in principle to include a young person in the Programme where the evidence is not sufficient to mount a prosecution.
The most recent figures available from An Garda Síochána in relation to the number of young people admitted to the Programme are for 2015. 7,282 young people were admitted to the Programme in that year and 1,479 were deemed unsuitable for the Programme.
The former Garda Commissioner approved, as part of the Garda Professional Standard Unit’s (GPSU) work programme for 2015, an examination of the practices and procedures in place at the Garda Youth Diversion Office (GYDO) in relation to the operation of the Garda Youth Diversion Programme.
As the Deputy may be aware, the GPSU examination identified a number of issues impacting on the effective administration of the Youth Diversion Programme. In light of these findings, An Garda Síochána has commenced a comprehensive review of all youth referrals between 2010 and 2017, and a report on the matter is being finalised for the information of the Acting Commissioner.
I am advised that the Policing Authority, which this Government established to provide oversight of policing in Ireland, is aware of the issues identified by the GPSU.
The Garda Youth Diversion Programme is an important part of Government policy in relation to tackling youth crime and I am sure the Deputy will agree that we all want to see it operating effectively.
