Catherine Murphy (Kildare North, Independent)
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Question 231: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the sections of the Children Act, 2001 currently in force; and if he will make a statement on the matter. [43697/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Children Act 2001 is the primary statutory framework for the youth justice system. It adopts a twin-track approach which addresses both the issue of child welfare and of youth justice. The aim is to address the needs of children who require special care or protection in tandem with addressing the issue of offending children. Responsibilities under the Act span three Government Departments: Justice, Equality and Law Reform, Health and Children and Education and Science.

While much of the responsibility comes within my remit, it should be noted that functions under the Children Act 2001 have been delegated under S.I. 474 of 2002 to my colleague Mr. Brian Lenihan T.D., Minister for Children. It is our joint intention that the remaining provisions of the 2001 Children Act (as amended by the Criminal Justice Act, 2006) will be commenced on 1st March, 2007.

It was always the intention that the Children Act 2001 would be introduced on a phased basis, given the scale and complexity of the issues involved. To date, significant sections, and amendments introduced by the Criminal Justice Act 2006, have been brought into force by me and the Minister for Health and Children.

In relation to those provisions for which my Department has responsibility, Statutory Instrument (S.I.) 151 of 2002 commenced a range of provisions including provisions concerning the Garda Diversion Programme, the treatment of child suspects in Garda stations, the Children Court, child protection measures and some powers of the Court.

S.I. 468 of 2004 commenced provisions in respect of family conferences under the supervision of the Probation Service. S.I. No.529 of 2006 commenced provisions affecting the age of criminal responsibility as provided under an amendment contained within the Criminal Justice Act 2006 and these changes came into effect on 16 October 2006. The effect of this change is that children under 12 years of age shall not be charged with an offence except in the case of murder, manslaughter, rape or aggravated sexual assault where the age is 10 years.

The role of Special Residential Services Board (SRSB) changed on the 29th November, 2006 by way of an amendment to the Criminal Justice Act, 2006. A key development in this regard is that the bed management role and phone line service for referral of children to detention schools has transferred to the Irish Youth Justice service from the SRSB. S.I. No. 586 of 2006 refers.

The Criminal Justice Act 2006 also amends a number of other provisions of the 2001 Act, including the area of youth detention. In this regard I would like to inform the Deputy that responsibility for this issue will transfer from the Department of Education and Science to my Department, and preparation for the introduction of the new detention system is well underway. Significant work has also been carried out by the Probation Service to implement the community sanction provisions outlined in the legislation.

The following table lists the sections and subsections which have yet to be commenced and which come within the remit of my Department. The table also lists the new sections and amendments introduced by the Criminal Justice Act 2006 which await commencement. As previously mentioned it is intended that all outstanding provisions of the Act will commence on 1st March, 2007.