Written Answers. - Juvenile Justice System.
Pat Rabbitte
Ceist:
44
Mr. Rabbitte
asked the
Minister for Justice
if his attention has been drawn to the views expressed, in an editorial in the recent issue of the Irish Law Times, which described the Irish juvenile justice system as being in an unholy mess because of the denial of adequate resources to those working in the field; if he will outline his response to these views; if he intends to take any action to address the shortcomings highlighted in the editorial; and if he will make a statement on the matter.
The article referred to by the Deputy acknowledges that the Children Act, 1908, was widely regarded as a most enlightened piece of legislation and that any shortcomings in the juvenile justice system are not attributable to the legislation. Nonetheless, the 1908 Act, despite having stood the test of time fairly well, is now well over 80 years old and the time has come to replace it with a modern Act that will be more relevant to the end rather than the beginning of the century. I am, therefore, giving priority in my Department to the preparation of a new Juvenile Justice Bill which will replace the 1908 Act.
With regard to the role of the Garda Síochána in the Juvenile Justice system, I would refer the Deputy to my reply to a question by Deputy Allen on 24 March, 1992, Dáil Debates Volume 417, columns 1174 to 1176, in which the wide ranging activities of the Garda in relation to the prevention of crime and dealing with young people were detailed.
With regard to juveniles in custody, my Department is responsible for the provision and management of detention centres for males aged 16 or over, and females aged 17 or over. The males are accommodated mainly in the new institution at Wheatfield or in St. Patrick's Institution. The females, who are few in number, are accommodated in the Women's Prison at Mountjoy. Wheatfield is one of the most advanced institutions in Europe and contains modern facilities for work training and education. The Women's Prison at Mountjoy is at present in a refurbished wing of St. Patrick's Institution. In has in-cell sanitation.
Young offenders aged 15 to 16 in the case of males, and 15 to 17 in the case of females may be sent to prison by the courts in the special circumstances provided for in sections 97 and 102 of the Children Act, 1908 — i.e. when they are certified as being of so unruly or depraved a character as to be unsuitable for detention in a special school. These committals are few, and when they occur the boys are kept in Wheatfield and the girls in separate accommodation in the Women's Prison.
Young offenders between the ages of 12 and 17 may be committed to special schools which are the responsibility of the Minister for Education. I understand that the former Scoil Ard Mhuire premises in Lusk have been refurbished to provide an additional 36 places for boys and eight places for girls and that 14 additional places for boys and four additional places for girls were brought into operation in September 1991. A further eight places for boys and a further four places for girls were brought on stream in recent weeks. I understand that the remaining places will be operational in the next two months or so.
Probation and welfare officers are assigned to all prisons and places of detention where juvenile offenders are accommodated. Their work with these young offenders includes counselling them on alternative life styles in which their needs can be met without resort to crime. Hand-in-hand with counselling goes the task of overcoming particular practical problems relating to finance, accommodation, unemployment, alcohol or drug dependence, physical and mental disabilities, ill health, etc. While in prison juveniles have access to education, work training, medical, psychological and related services.
Juveniles in trouble with the law and those leaving prison have community facilities available to them. Grants are paid to groups working with or assisting the Probation and Welfare Service. These, mostly voluntary, groups receive almost 100 per cent funding from my Department and provide workshop facilities, hostels, day centres and rehabilitation programmes for young offenders. The financial assistance to these bodies for this year at £1.943 million represents an increase of 19 per cent over the funding provided in 1991.
This wide range of facilities throughout the country gives juveniles in trouble with the law new opportunities to turn away from a life of crime and drug abuse and thereby avoid a prison sentence.
There is a wide range of alternatives to custody in operation in this country including fines, probation, compensation orders, deferment of sentence, suspended sentence and Community Service Orders. The use of supervised alternative sanctions has been growing steadily in recent years to the point where there are at present about 3,200 offenders serving community-based sanctions under the supervision of the Probation and Welfare Service. That is about one-and-a-half times the number of persons who are in custody. There are over 700 offenders on Community Service Orders. The number of such orders made by the courts has increased from 698 in 1985 to 1,349 at 30 November 1991.
As the Deputy will appreciate the area of juvenile justice and dealing with young offenders is a complex one. My Department and the other agencies involved have invested considerable time and resources in dealing with the problems of young offenders. I wish to assure the Deputy that it is my intention to maintain this level of investment having due regard to the many competing demands that there are on public funds.
