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Dáil Éireann díospóireacht -
Tuesday, 21 Oct 2003

Vol. 572 No. 6

Written Answers. - Children Act 2001.

David Stanton

Ceist:

350 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the procedures recently announced that will enable the State to hold parents to account for the unlawful actions of their children; the sections of the Act under which this will be enforced; when these sections were ordered or enacted; the way in which parents with little or no means or on social welfare will be expected to contribute; and if he will make a statement on the matter. [24113/03]

Sections 111 to 114 of the Children Act 2001 introduced provisions in relation to the parents or guardians of children found guilty of offences. Section 113 empowers the court to order the parent or guardian of such a child to pay compensation in accordance with the provisions of that section. Section 114 allows the court to order a parent or guardian, with his or her consent, which cannot be unreasonably refused, to enter into a recognisance of not more than €317 to exercise proper and adequate control over their child. Both sections were among a range of provisions of the Children Act brought into operation from 1 May 2002 by the Children Act 2001 (Commencement) Order 2002.

It is a feature of both sections that when determining whether to make a compensation order, and, if so, the amount of the compensation, or in fixing the amount of a recognisance, the court must have regard to the present and future means of the parent or guardian and may require the parent or guardian to give evidence as to those means and his or her financial commitments.
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