Dáil Éireann díospóireacht -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Juvenile Offenders.

Finian McGrath

Ceist:

183 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his views on whether early intervention with dysfunctional children will lead to a reduction in the prison population in the future; and if he will make a statement on the matter. [8033/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The Government has recognised the importance of early intervention as a measure to address the needs of children who may come before the courts or get in trouble with the law. This is clearly set out in objective one of the national children's strategy. Action has been taken to follow through on this objective.

The Department of Health and Children is leading a review of family support services provided by the health boards. The review will make recommendations concerning the future development of family support services by the health boards and an enabling structure to facilitate prioritisation, access, delivery, development and integration with other services. Recently, the Family Support Agency has been established. Its functions include a family mediation service and the development of the family and community services resource centre programme.

The Children Act 2001 is major legislation comprising 13 Parts with 271 sections. It introduces a wide 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. Apart from young offenders, the Act also makes provision for addressing the needs of out of control non-offending children who are the responsibility of the health boards and who have been appearing in the courts in recent times.

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 its implementation and to co-ordinate regular working group meetings. During the passage of the Act through the Oireachtas it was made clear by the Government that implementation must take place on a phased basis given its complexities.

Significant parts of the Act have already been commenced. 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 for,inter alia: 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 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 these 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 projects are particularly targeted at ten to 18 year old at risk youths in communities where a specific need has been identified. The number of participants in each programme varies according to the level of intervention required. At present there are a total of 64 Garda youth diversion projects operating in urban and rural areas. Funding of almost €5 million was allocated to these projects in the year 2002.

An emphasis is – and will continue to be – placed by the Prison Service on the rehabilitation of such young offenders in custody. Rather than focusing on committing young offenders to custody it is an underlying concept of the Children Act to expand the options a court will have at its disposal when deciding on how to deal with a young offender. These options are an essential feature of the Act as they will allow effect to be given to the principle that detention for young offenders will be a last resort. The Act envisages committals to custody of young offenders being availed of only in situations where other alternative diversions and community based options have been resorted to and have failed.