Aengus Ó Snodaigh
Ceist:379 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his proposals to introduce systems of restorative justice for juvenile offenders. [13599/03]
Written Answers. - Juvenile Offenders.
The Children Act 2001 contains a range of innovative measures on restorative justice for juvenile offenders 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. During the passage of the Act through the Oireachtas, it was made clear by the Government that implementation would have to take place on a phased basis given its complexities.
Significant parts of the Act have already been implemented. 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'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; provisions relating to the safety of children at entertainments.
The Garda juvenile diversion programme provides that, in certain circumstances, a juvenile under 18 years of age who freely accepts responsibility for a criminal incident may be cautioned as an alternative to prosecution. The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at the local level.
Part 4 of the Children Act 2001 introduced the concepts of restorative justice, specifically restorative cautioning and restorative conferencing, to the juvenile diversion programme. Essentially, these provisions provide for the inclusion, where appropriate and possible, of the victim, the juvenile's family and the wider stakeholding community in the process of diversion.
To facilitate these innovative developments, most Garda juvenile liaison officers have now received training in mediation skills, with advanced training being provided to selected officers. Ongoing evaluation of restorative justice practice is being carried out by the Garda research unit. It is intended that, as Garda juvenile liaison officers become more skilled in administering restorative justice, they will be able to focus on the more complex and high-risk offenders, with a view to further reducing the incidence of recidivism.
In addition to the Garda juvenile diversion programme, there are 64 Garda youth diversion projects. These projects comprise a community-based, multi-agency crime prevention initiative which seeks to divert young persons from becoming involved – or further involved – in anti-social and-or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects.
As the Deputy may be aware, recent years have seen a dramatic increase in the number of these projects, from 12 in 1997 to 64 at present, a process made possible, in part, by funding under the National Development Plan 2000-2006. Funding of €5.577 million has been allocated to these and related projects in the current year.
The successful implementation of the community-based options under the Children Act 2001 will also require a very significant input from the probation and welfare service. The probation and welfare service, as part of its planning for implementation of the Children Act 2001 engaged trainers from the Department of Child, Youth and Family, New Zealand, for the intensive training of all senior probation and welfare officers as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act as well as providing day seminars for all probation and welfare officers. In addition, the service will provide ongoing training through its staff development unit as required. Interviews for additional probation and welfare officers took place recently and a panel of suitable candidates has been established. Recruitment of these officers is due to commence very shortly.
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. Thus, 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.