Dáil debates

Thursday, 1 June 2023

Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023: Second Stage (Resumed)

 

1:25 pm

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent) | Oireachtas source

I welcome the opportunity to speak on this important Bill that is in line with the commitment in the programme for Government to criminalise adults who groom children to commit crimes. Grooming children in any sense is absolutely despicable. To use them and exploit them for criminal, sexual or commercial gain is a crime that cries out to heaven and has to be condemned in the strongest terms.

Indeed, as our Lord once said, if anyone harms one of these little ones, it would be better for them to have a millstone thrown around their neck and be thrown into the sea.

Returning to the specific provisions of the Bill, I welcome section 2, which proposes to create two new offences. The first provision makes it an offence for an adult to compel, coerce, direct or deceive a child, for the purpose of causing that child to commit a crime. The second provision makes it an offence to induce, invite, aid, abet, counsel or procure a child to commit a crime. In both cases, as the note from the Library and Research Service makes clear, the person committing the crime must be aware or reckless as to whether the person being compelled to commit the crime is a child. It is not, however, a requirement that the child engaged in the criminal activity concerned intended to commit the activity or has been prosecuted for the relevant offence. This balance is correct because it returns the primary responsibility to the adult in the situation.

We know from bitter experience that some children are being used to transport drugs from one location to another in this country. Indeed, as the findings of the national prevalence study show, a minority, or one in eight, children involved in the Garda diversion programme fit the profile, indicating that an estimated 1,000 children across the State could be involved with criminal networks.

In terms of the drugs issue, I want to highlight data around the number of Garda members assigned to the Laois-Offaly divisional drug unit of An Garda Síochána. The data show categorically that it has the lowest number of Garda members assigned to it when compared with every other county and Garda division in this State. In fact, these data confirmed the assignment of just one Garda member, which I could not actually believe and had to double-check, to the Laois-Offaly divisional drug unit. I commend the dedication and commitment of all Garda members across Laois-Offaly, who are operating in increasingly difficult and unacceptable circumstances. However, these data make it absolutely clear that the constituency of Laois-Offaly is profoundly under-resourced when it comes to staff members being assigned to the divisional drugs unit. Why are Laois and Offaly the only counties in the entire State with just one garda assigned to this role? Apart from County Wexford, we are also the only counties without any member of the rank of sergeant attached to the drugs unit. This is entirely unacceptable, and I would hope that it will be addressed. There are 332 members assigned to the various divisional drugs units and yet here we are in Laois-Offaly with still just one member assigned. I want answers on this as a matter of urgency because my constituents are also asking the same question. Laois and Offaly, no more than most other counties, are struggling to respond to the social and criminal harm caused by the sale and consumption of illegal drugs. We deserve, like every other county at this state, to be properly resourced in that fight.

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