Dáil Éireann Debate, Wednesday - 27 October 2004
285 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he has plans or strategies to assist violent and dysfunctional children in order to save lives in the future; and if he will make a statement on the matter. [26029/04]
Amharc ar fhreagraThe Government has recognised the importance of early intervention as a measure to address the needs of children who may come before the courts or are in trouble with the law. This is clearly set out in the first objective of the national children's strategy. Action has been taken to follow through on this objective. I have been informed that the Department of Health and Children is leading a review of family support services by the health boards. This review will make recommendations on the future development of family support services by the boards and an enabling structure to facilitate prioritisation, access, delivery, development and integration with other services. In addition, the Family Support Agency has recently been established and its functions include a family mediation service and the development of the family and community services resource centre programme.
The Children Act 2001 is significant and comprises 13 parts with 271 sections. The Act introduces a wide range of innovative measures which will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. 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 have been appearing in the courts. The Departments with a role in implementing the Act are 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 is responsible for overseeing the implementation of the Act and it co-ordinates 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 due to the legislation's complexities. Significant elements of the Act have already been commenced. The first commencement order under the Act relating to my Department was signed by my predecessor on 23 April 2002. The order, which came into force on 1 May 2002, provided, inter alia, for (i) 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; (ii) the establishment of the Children Court; (iii) 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; (iv) the introduction of a curfew for children found guilty of offences; (v) court orders to parents to exercise proper control over their children; (vi) the updating of the law on cruelty to children and persons who cause or encourage a sexual offence against a child; (vii) reversing the burden of proof on parents whose children are found begging; (viii) a limited clean slate in respect of most offences committed by children; and (ix) provisions on the safety of children at entertainment events.
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 Garda projects is to create conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction. The projects are particularly targeted at ten to 18 year old at-risk youths in communities in which a specific need has been identified. The number of participants in each programme varies according to the level of intervention required. A total of 64 Garda youth diversion projects operate in urban and rural areas and funding of almost €5.6 million was allocated to them in 2003.
I have recently established a team in my Department to carry out a strategic analysis of some of the structures and arrangements involved in the delivery of certain services to youth offenders. The aim is to establish whether there is scope within the new statutory framework of the Children Act 2001 to improve institutional coherence in the area. It is intended that the team will report to me to enable me to bring recommendations to Government next summer.
