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Dáil Éireann díospóireacht -
Wednesday, 12 Mar 2003

Vol. 563 No. 2

Ceisteanna – Questions (Resumed). Priority Questions. - Juvenile Offenders.

John Deasy

Ceist:

124 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the infrastructure he intends to put in place for the rehabilitation of juvenile offenders; and if he will make a statement on the matter. [7498/03]

The Children Act 2001, introduces a range of innovative measures that will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. Three Departments have a role in implementing the Act – the Department of Justice, Equality and Law Reform, the Department of Health and Children and the Department of Education and Science. The National Children's Office has responsibility to oversee the implementation of the Act and co-ordinate regular working group meetings.

The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April 2002. The order, which came into force on 1 May 2002, provided, among other things, for the establishment of the Garda diversion programme on a statutory basis and the introduction of a diversion conference based on restorative justice principles as pioneered in New Zealand; the establishment of the Children's Court; the introduction of a fines structure for children found guilty of offences and the payment of compensation by parents in respect of offences committed by their children; the introduction of a curfew for children found guilty of offences; court orders to parents to exercise proper control over their children; the updating of the law in relation to cruelty to children and persons who cause or encourage a sexual offence on a child; reversing the burden of proof on parents whose children are found begging; a limited clean slate in respect of most offences committed by children; and provisions relating to the safety of children at entertainments.

Garda youth diversion projects are crime prevention initiatives which adopt a multi-agency partnership approach to tackling crime and anti-social behaviour at community level. The role of the projects is to bring about the conditions whereby the behavioural patterns of young people towards law and order, can develop and mature through positive interventions and interaction with the project.

The majority of young people before the Children's Court are from socially deprived backgrounds. Many of them are repeat offenders. That appears to be the real issue here. What is the Minister doing about it?

It is correct that the majority of offenders, both juvenile and adult, come from deprived backgrounds. The Government's approach is directed by the Minister of State at the Department of Health and Children, Deputy Brian Lenihan. Its purpose is to develop a co-ordinated strategy across three Departments, the Department of Education and Science, the Department of Health and Children and my Department.

It is not simply a matter of producing a pat solution. In many cases there are problematical social backgrounds.

The Minister always mentions that aspect.

In cases of deprivation there is a low achievement in education. Frequently there are opt-outs, which are sometimes caused by dysfunctional families or problems in relation to parenting and control of children. We live in a republic and children in particular are entitled to equal treatment by the State. Under the directive and the principles of social policy enunciated in Article 45 of the Constitution, children at risk and who come from the weaker sections of society are entitled to the special protection of the State.

The Minister is describing the problem but he is failing to outline how he proposes to address it.

The Deputy specialises in vapid questions, such as asking me what I am going to do about crime and youth crime.

Give me a vapid answer.

That kind of question does not wash with me.

Recent research shows that one in three juvenile offenders is either a perpetrator or victim of sexual abuse. What is the Minister doing about that?

The Deputy continues to engage in vapid nonsense.

Does the Minister know of this research?

He produces a trifling statistic and then asks me what I propose to do about it. What can I do in response to the Deputy's suggestions? If he wants me to take him seriously – I am positively disposed to doing so – he should resist his tendency to ask what I propose to do about minor factual statements he finds in various compendiums. If the Deputy wants to discuss any particular programme I will answer his questions. If he suggests that there is some deficiency in the system or programme—

That is all right. Let the Minister just say that he cannot answer the question.

The Deputy might as well ask me to amend or repeal the law of gravity. This is absurd.

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