Dáil debates

Wednesday, 30 January 2019

Juvenile Crime: Motion [Private Members]

 

4:20 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

Deputy Rabbitte made a huge amount of sense in her remarks. I thank Fianna Fáil for bringing forward this important motion and I acknowledge the contributions made by Deputies on this serious issue. As stated earlier by my colleague, the Minister of State, Deputy O'Donovan, we are treating this matter seriously. I acknowledge the motion. The Government's counter motion provides a more secure path to ensuring that these concerns are fully addressed. There is not much difference between the motion and counter motion. We wanted to retain the spirit of the motion brought forward. Perhaps Deputies opposite will agree the counter motion such that we can be united on this matter.

In the time available to me there are number of issues I would like to discuss. The motion refers to the implications for the Garda crime data of the failure to progress youth crime cases. The information provided in the Commissioner's interim report indicates that these cases would have been recorded as "Detected" on PULSE, even though no action was being taken. The implications of this for Garda crime data will have to be examined and the Commissioner indicated that this will be pursued with the CSO, which produce the official recorded crime statistics. The Policing Authority has already indicated that it intends to examine the broader issue of the quality of crime case management, prosecution and in data recorded. It has made clear that it will continue to monitor this matter as it evolves, and I welcome its vigilance in this regard. It is very important.

I want to re-emphasise the considered strategic approach which the Government is taking in relation to the reform and modernisation of An Garda Síochána. The four year high level plan, A Policing Service for the Future, sets out the approach to implementation of the recommendations of the Commission on the Future of Policing in Ireland. The plan provides a carefully considered strategic approach to addressing the serious issues that have emerged in regard to youth crime case management. It will also provide the framework to address other concerns, including any further issues arising from the continuing Garda review process on youth crime and the broader range of issues which are under ongoing examination by the Policing Authority. I compliment the Policing Authority's examination of the matter. The authority is best placed to do this work and it is doing a good job in my view. I also compliment the Garda Commissioner and his team on the manner in which they dealt with it once it was discovered.

On 18 December 2018, the Government endorsed the commission's report and agreed to accept all the 157 key recommendations, including those related to the Garda Reserve. The four year high level implementation plan was published on the same day. The plan sets the right vision for Ireland to maintain and enhance public trust in policing and to address current challenges. It will also enable An Garda Síochána to meet future challenges. As recommended in the commission's report the implementation group on policing reform has been established under an independent chair, Ms Helen Ryan, and is supported by a high level steering committee and programme office within the Department of the Taoiseach. The high level implementation plan, which has been prepared with the input of the implementation group on policing reform sets out an ambitious but realistic four year plan for the implementation of the recommendations. The actions identified will transform how policing services are delivered. Most important, local front-line policing will be placed at the core of our police service, ensuring that gardaí are more visible in communities. I understand the Garda Commissioner has said that every Garda should be a community garda. The importance of community policing was emphasised by colleagues in this debate. The plan will also deliver a professional, modern and effective police service that is well managed, efficient and cost effective, properly equipped and trained, with a strong ethical core and accountable to the people.

My Department has a particular focus on advancing the legislation required to underpin a number of the recommendations. The policing and community safety Bill will be a particular priority. This will redefine policing to include prevention of harm to vulnerable people and recognise that other agencies have a role to play in community safety. The Bill, once enacted, will provide for a new coherent governance and oversight framework for policing. It will ensure the complementary objectives of strong internal governance of An Garda Síochána and robust, transparent external oversight are achieved. Ultimately, it will ensure more effective accountability and more effective policing. Clearly these reforms will systematically address many of the concerns outlined in the motion in regard to youth crime.

I want to turn now to the situation of the young people who committed crimes. I accept, and Government accepts without reservation, the comments of the chair of the Policing Authority, which are quoted in the motion to the effect that not only were victims failed, but these children were failed also. Clearly, opportunities to intervene in a positive way for these children are missed when their behaviour goes unchallenged. In addition to apologising to victims, the Garda Commissioner also apologised to the almost 3,500 young offenders involved. These young people or their parents or guardians will receive letters signed by the district officer informing them that their case was not progressed appropriately. They will also be given access to the Garda helpline if they wish to access more information and support.

The vast majority of the young people dealt with in the Commissioner's interim report have a history of reoffending. The Garda report highlights the chaotic nature of the lives that many of these young people live, with the tragic finding that 57 of the 3,500 children whose cases were examined subsequently died. These deaths occurred over a number of years, most of them into adulthood, and there is no suggestion that a failure by Garda to deal fully with a particular offence contributed to the subsequent deaths of young offenders. However, it serves to remind us that many young offenders are themselves some of the most vulnerable young people in our society. This should make us think more deeply about our response to youth crime, and especially the factors that give rise to it.

This is already a priority for me as Minister of State with responsibility for youth justice issues and, late last year, I initiated a process to develop a new youth justice strategy. I will chair an expert steering group with representatives of key agencies who deal with young offenders as well as academic and community sector experts. I want to start with a blank sheet because we need to be open to suggestions from all sides on how we can move forward. The group will have its first meeting on 6 February and it will look at all aspects of the youth justice system. This process will also be informed by wide consultation with statutory and community stakeholders and, importantly, by the voices of young people. My intention is to harness the collective experience, expertise and insight of all involved to develop a progressive and more comprehensive approach to youth offending and the complex socioeconomic issues connected to it. This was also referred to in the debate. I intend that the new youth justice strategy will sit within the National Policy Framework for Children & Young People, Better Outcomes, Brighter Futures, which is overseen by the Department of Children and Youth Affairs.

Work to develop the new strategy will address the issues raised in the motion about youth justice structures and departmental responsibilities. Needless to say, I will take careful note of the views expressed by Deputies this evening in my deliberations on the new youth justice strategy and I welcome any further input which Deputies may wish to make in this regard. I have has also embarked on a substantial reform and development programme with the Garda youth diversion projects in partnership with the University of Limerick.

This includes a strong focus on family support and preventative work by the Garda youth diversion projects and practical work to identify best practice in work with young people and to ensure that all the projects can avail of the best advice in that regard. My Department is working to inculcate a restorative practice ethos in the work of the projects and working towards ensuring that this valuable service is available to all young people who need it.

I once again thank Deputies for their valuable contributions to this debate. I hope we share a common purpose to ensure that the serious failings in Garda systems and procedures are fully dealt with. I also hope that the House will agree that the Government’s carefully considered approach to achieving lasting reform, which is being pursued through the implementation of the recommendations of the Commission on the Future of Policing in Ireland, is the right course to follow. I look forward to continuing engagement with Deputies in relation to youth justice matters. These are really important issues for our society, for community safety and especially for our children and young people. They deserve the best of our

efforts on their behalf.

As I said, we oppose the motion. I hope the Government's countermotion will be agreed as it keeps as much of the spirit and language of the original motion as possible. We, on this side of the House, hope we will be able to unite around the revised text we propose.

I refer to a few points which came up. Deputy Sherlock mentioned knife crime and I certainly will respond to him on that. Deputy Michael Healy-Rae spoke about unreported crime, on which he has spoken about on the record. I emphasise that it is very important that all crimes are reported. If they are not reported, we do not have the facts so that must be done. Deputy Danny Healy-Rae spoke about a life of crime and children moving on to adult crime. He is right about that in that once one is on the slippery slope, it is hard to get off it. That is why the Garda youth diversion programme is so important.

Deputy Rabbitte spoke about the importance of schools and I could not agree more in that schools can indicate when things are beginning to go wrong. Deputy Shortall said we should speak more often about youth crime, with which I agree in that this debate is overdue. She spoke also about the importance of schools in this regard. Deputy Curran mentioned the 8,000 cases. Those 8,000 cases came to the attention of An Garda Síochána subsequently, and many of them repeatedly. Even though they were missed and were not progressed as they should have been, which is the focus of this debate, they came back again and again because of the nature of them and most of them were progressed through the criminal justice system.

Deputy O'Callaghan emphasised the growth and availability of pornography and of drugs and he is correct in that regard. This changes how crimes are committed and that is something on which we need to focus as well as it is of great importance. Deputy Clare Daly along with others spoke about the time taken to conduct a review. The Garda professional standards work between 2015 and 2017 included only a sample of the cases. Based on what was found, a full review was started in 2017. Following on initial assessment, 22,000 cases had to be examined individually, covering all 28 Garda divisions. The Deputies will appreciate that it was complex and detailed and that it had to get it right. The Commissioner was quite involved in that and was anxious that it was correct.

All cases of juveniles are referred to the central office. Those that are not deemed suitable are referred back and a number of these fell through the cracks which is what we are concerned about. That should not have happened. We are interested in why it happened and this investigation is still ongoing. Two thirds of offences are public order, theft and criminal damage. Deputy Ó Laoghaire talked about having balance in the debate and he is right about that.

I welcome the debate and I thank Fianna Fáil for bringing this motion forward and Deputies for being so constructive. There is a lot more we could and should say, and probably will say in the future. I know this not the end the discussion on juvenile justice.

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