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Juvenile Offenders

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Questions (1273)

Mick Barry

Question:

1273. Deputy Mick Barry asked the Minister for Justice if she will report on the situation of delays in the youth justice system; the steps she will take to eliminate undue waiting times for cases to be heard; and if she will make a statement on the matter. [1740/22]

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Written answers

As the Deputy will be aware, the courts are independent in their functions under the Constitution and the law. The matter of scheduling court cases is administered by the Courts Service in consultation with the Judiciary. With the exception of more serious offences, criminal prosecutions involving children (under 18) are generally heard in the District Court, which operates as the Children Court, with procedures specified in the Children Act 2001. As Minister, I play no role in these independent functions.

Great efforts have been made to minimise disruption to courts due to COVID-19, with priority continuing to be given to urgent matters such as domestic violence applications. Throughout the pandemic, the Judiciary and the Courts Service have worked closely and innovated through the use of technology to maintain the highest level of court activity possible.

Addressing the waiting times built up in some areas during the pandemic, while at the same time meeting the goals set out in the Courts Service Modernisation Programme, will be a significant challenge for the courts. The Courts Service management, both nationally and locally, continue to work closely with the Judiciary to deal with the consequences of the pandemic and look to schedule extra sittings to deal with delays within the system. However, it is likely the pressure on the courts system will remain a feature for the short to medium term.

The Youth Justice Strategy 2021-2027, which Minister McEntee and I published in April 2021, contains a range of actions that aim to improve the interaction between the justice system and those young people who come into contact with it. The Strategy contains a strategic objective (3.4) to prioritise processing of children and young adult cases to minimise delays, including with regard to the role of Garda Case managers.

This will include specific actions on how the Case Manager role and/or other mechanisms can be used to:

- reduce delays in bringing cases to Court;

- minimise the number of Court appearances for each child or young person;

- ensure effective practice so that young persons are fully informed and aware of what is involved in the Court process; and

- provide appropriate review mechanisms.

These actions will be taken forward as part of the implementation of the Strategy. 

Dedicated cross-agency structures have been established to guide the implementation of the Strategy overall, as well as expert research support to assist in developing enhanced policies, programmes and practice. In addition, I chair a Youth Justice Advisory Group which includes a broad range of community and expert stakeholders which provides advice and expert insights to help us pursue the very wide range of objectives contained in the Strategy.

A range of other actions are being considered under the Strategy, such as the expansion of the Garda Youth Diversion Programme to young adults aged 18 - 24, designed to reduce the time a young person spends within the system and to improve the positive outcome for that young person. These actions will also have an impact on the number of cases brought before the courts, further helping to reduce the delays experienced at present.  

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