Ben Briscoe
Ceist:7 Mr. Briscoe asked the Minister for Justice the need to update the Children Act, in view of the increase in incidents of bullying among our young people; and the progress, if any, she is making on this matter. [8419/95]
Ceisteanna—Questions. Oral Answers. - Incidence of Bullying.
I am preparing legislation which will repeal the Children Act, 1908 and replace it with a comprehensive modern statute. The proposed Bill will deal with most aspects of the juvenile justice system. It will be appreciated that at this stage I cannot be specific about its content.
At present officials from my Department are engaging in formal discussions on certain core policy issues with officials from the Departments of Health and Education that are relevant to all three Departments. As soon as those discussions are satisfactorily completed I will bring my proposals to Government for authority to draft the new legislation.
I have no doubt the Minister of State is aware of the most recent publicised bullying case. When drafting the juvenile justice Bill will he have his officials focus on this very difficult problem because I am convinced it is more widespread than generally known, and victims can be damaged for life?
While I share Deputy Briscoe's concern I am not sure it is a matter solely for the Children Bill falling within the remit of the Department of Justice. The Deputy will be aware that I wear other hats. In my ministerial role within the Department of Education I have established a Task Force on Truancy which would also cover the problem of bullying at school. I shall certainly examine the matter. However, bullying is a complex problem that can go from name-calling to physical violence, with a whole range of intimidatory practices in between, such as the isolation of individual children at school — colloquially referred to as sending one to Coventry — which can render a child's life absolute purgatory. I am aware there is ever growing concern within our society about bullying. I shall take the most intense, interest in examining its effects and countering them whether wearing my Justice or Education hat.
I agree with Deputy Briscoe that the problem of bullying is more widespread than is generally realised, one case of which in my area was the subject of quite an amount of recent publicity. However, I assure the Minister that is not the only case of which I am aware, there are many others that are not reported. In the course of any review to be undertaken and in drafting legislation will the Minister ensure greater responsibility is placed on parents, something we are not inclined to do?
I do not wish to refer to the specific provisions of the forthcoming Bill but there has been sufficient written about them for the public to realise I am investigating the matter of the responsibility to be placed on parents. However, it is not a matter solely for the Department of Justice but one for the Department of Education and Health also and I shall examine it within that broader spectrum. This is another of those problems in respect of which, in terms of their resolution, it is a mistake to think that there is but one solution. There is a myriad of remedies.
Bearing in mind the need to update the Children Act, 1908, will the Minister inform the House whether this Government has any concept of or conscience about the large numbers of young people doing irreversible damage to their lifetime prospects by slipping into a habit of crime, very often drugs-related? Would he say whether there is any urgency about the introduction of the juvenile justice Bill, what progress, if any, has been made in its preparation since this Government assumed office?
I have no difficulty in giving the Deputy and the House absolute assurance that this Bill is receiving my greatest attention with a view to its urgent introduction. As has already been said, when we assumed office, certain core questions remained unresolved between various Government Departments. As chairman of a co-ordinating committee I established between Government Departments, with the aid of my special adviser, I have taken all requisite steps to make progress on these matters. I assure the House that everything possible is being done to have the Bill introduced as quickly as possible.
While warmly welcoming the comments of the Minister of State and accepting there may be constitutional difficulties vis-à-vis parental control, will the Minister of State consider introducing provisions for curfew orders and parent's recognition that the good behaviour of their children might also be considered to be constitutional?
The matter to which Deputy O'Donoghue refers constitutes a possible provision within the Children Bill, something on which there has been much speculation for some time past, even before this Government assumed office. He ought to take it for granted that I am giving the matter he raised serious consideration.
In amending the Children Act, 1908, will the Minister of State use a term which would more accurately describe the often horrific experience of bullying. Like the term "joyriding", would he accept that reference to "bullying" does not adequately or accurately reflect the seriousness of this behaviour?
The meaning of "bullying" is fairly well understood. I would imagine that most, if not all, Members will have been the subject of bullying at some time——
Not necessarily as children, though.
——I hope not too many were the perpetrators of such bullying, although that might also be a possibility.
Since the Minister said the Juvenile Justice Bill, among other matters, will deal with parents' responsibility, will he deal with a problem I raised with him on another occasion, the responsibility of traveller parents for their children? Will he agree that something must be done to introduce some restriction, if not prohibition, on members of the travelling community sending their children to beg on urban streets?
We are having quite a deviation from the bullying aspect of this question.
I find myself in total agreement with you.
While welcoming the updating of the Children Act, 1908, in the interim, has the Minister any intention of issuing a directive to all schools on bullying to ensure they become part and parcel of the regulations governing the conduct of students at school? In addition, will he issue a directive in terms of the process of enlightenment since people generally are not as enlightened as they should be about its attendant difficulties and after effects?
The Deputy might consider tabling a question to the Minister for Education in this regard and, perhaps, I could give him the pleasure of replying to it.
I, too, was delighted to hear that the Minister of State is in the process of dealing with this problem and I wish him well in his endeavours, it is an extremely important area. In the process of his consultations and deliberations, has he invited submissions from the teacher unions, the parents' councils, social workers and other concerned and caring professionals in the field? Does he intend publishing an interim report on a short term consultative basis inviting a response?
The Deputy's question underlines the wisdom of the Government appointing a person to co-ordinate activities between the Departments of Justice and Education and the wisdom of the Taoiseach in appointing me to this position. Wearing my other hat as Minister of State at the Department of Education, I set up a truancy task force which has been given a deadline of the end of this month to report to me. When I receive its report we will engage in wider consultations with other Departments and interested bodies. We are determined to grapple in the most effective way with the problem of truancy. The specific question we are supposed to be discussing, that of bullying, is part of the reason some children do not attend school.
What about the children of travellers?
I welcome the Minister of State's statement regarding the Juvenile Justice Bill; it is the strongest and most encouraging statement we have had since the formation of the Government. Have the recommendations of the all-party committee on juvenile justice and crime been taken into account in the drafting of the Bill? Even at this stage, will the Minister of State admit that without an active input from parents, the State, even if its resources are unlimited, cannot tackle the problems of juvenile crime and illegal drug taking?
I am pleased to confirm that the deliberations of the committee, over which the Deputy presided, have been taken into consideration and I pay tribute to her for her work in that regard. I have nothing to add to what I said regarding the responsibility of parents. When the Deputy and I attended school truancy meant that one left home in the morning with a satchel and returned home at approximately 3.30 p.m. pretending to have attended school. In some cases children are now staying at home from school to look after parents who are addicted to drugs or drink. Parental responsibility must also be viewed in the context of children exercising responsibility. The question must be addressed in a wider context.