Dáil Éireann Debate, Wednesday - 16 February 2005
74 Dr. Upton asked the Minister for Justice, Equality and Law Reform the measures his Department has in place to deal with juveniles who are at risk or who have committed offences; the proposals he has to improve the juvenile justice system; and if he will make a statement on the matter. [4959/05]
Amharc ar fhreagraThe Children Act 2001 is a fundamental revision of the law governing the treatment of children in conflict with the law and non-offending children in need of special care and protection. The principal considerations behind the Act are: prevention, through early intervention, is desirable; diversion, where a child has committed an offence, is the preferred option where society would not be adversely affected; community sanctions should be available where it is necessary to bring a child before the courts; and although appropriate in certain cases, detention for children should be a measure of last resort.
The Children Act is comprehensive but complex legislation and, as was envisaged at the time of its enactment, it is being implemented on a phased basis. Responsibility for implementing the Act lies with the Departments of Justice, Equality and Law Reform, Education and Science and Health and Children. Despite the complexity of the legislation, significant progress has been made in its implementation to date. The implementation process is being co-ordinated by the National Children's Office.
A key aim of the Act is to retain the distinction between offending children and non-offending children in need of care and protection by providing two distinctive pathways for addressing their needs: a youth justice route which emphasises diversion and restorative justice; and a welfare route which emphasises care and protection.
As regards the youth justice route, Part 4 of the Children Act providing for a diversion programme to replace the Garda juvenile liaison scheme was brought into operation in May 2002. The objective of the programme, which is administered by the Garda Síochána, is to divert any child who accepts responsibility for his or her criminal behaviour from committing further offences. It is implemented throughout the country by specially trained gardaí working as juvenile liaison officers. The programme introduced the concepts of restorative justice and family conferencing.
In addition to the diversion programme, my Department also funds the Garda youth diversion projects. These projects are community-based, multi-agency initiatives that aim to divert young people from becoming involved in anti-social and-or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and challenge offending behaviour. The number of such projects has grown from 12 in 1997 to 64 at present, a growth made possible in part by funding under the National Development Plan 2000-2006. I am committed to their continuing development and, as resources allow, their expansion.
The probation and welfare service supports 73 projects nationally which offer programmes to offenders and those at risk of offending. Forty-six of these projects target young offenders specifically. There are plans to extend the range of projects which offer services to young offenders and children as part of the implementation of the Children Act 2001.
Within the prison system, facilities and programmes for young offenders are centred mainly at St. Patrick's Institution, although young offenders are accommodated at other places of detention. A broad range of services is provided, including individual and group programmes involving education, training, medical and welfare supports.
It is important to emphasise too that a wide range of educational and support services for young people generally is provided by a number of Departments. Although not all these services are targeted specifically in the area of crime prevention, of course, there are linkages and co-operation with other Departments on significant cross-cutting issues relevant to the area of youth justice.
The initiatives put in place by the Government under the national drugs strategy target young people at risk of substance misuse as a priority group and my Department continues to play an active part in the framework established to implement the drugs strategy. My Department is represented on the national assessment committee of the young peoples facilities and services fund. This fund was set up by the Government to attract young people at risk into sports, recreational facilities and activities and to divert them away from the danger of substance misuse. The Government has provided approximately €75 million to date to support about 450 facilities and services.
The cross-cutting and interdependent nature of the Children Act reflects a well-acknowledged need to begin to join up strategy and operation of services for children. With this in mind, I established a project team in my Department which has been charged with examining the scope for rationalising and restructuring the delivery of the State's services in the area of youth justice. A sound statutory framework for a modern youth justice system has been established with the Children Act, but I consider that some fresh thinking with regard to the institutional and strategic environment in which it is to operate may be helpful.
The project team is consulting with the statutory bodies which have responsibilities for the delivery of services to young people, whether they are offenders or at risk. The team is also meeting with a wide range of non-governmental service providers and experts in the area. An evaluation of certain developments in other jurisdictions is also being undertaken. As I have indicated previously, I expect the project team to report to me before the summer.
