Ms Marisa Gomez:

I thank the Chair and the committee for their invitation to discuss the children (amendment) Bill 2024. This Bill is important legislation that will address a number of issues and gaps that have arisen in the two decades since enactment of the Children Act 2001.

The Children Act 2001 was passed as the most comprehensive reform of youth justice law in Ireland for over a century and governs youth justice in Ireland. The Act provides the principles to be abided by when dealing with children who are in conflict with the law and a framework for the sentencing of children. It is based on the principles of diversion and detention as a last resort. It contains numerous references to international children’s rights principles. The Act has supported the development of progressive youth justice practice in Ireland, including restorative justice approaches.

The Bill we are discussing today provides for a number of amendments to the 2001 Act, with a focus on the area of the sentencing of children. The proposed amendments can be broadly categorised into four main objectives. The first is to provide for alternatives to suspended sentences for children by introducing a deferred sentence supervision order, DSSO. Since 2017, the courts have held the view that there is no power to suspend a detention sentence. The Supreme Court examined the issue again very recently and concluded that detention sentences, which take place in Oberstown at the moment, cannot be suspended. As an alternative, the Bill proposes to introduce a new order, the deferred sentence supervision order, which can be imposed if a judge deems that a sentence of detention is the appropriate penalty. The judge will then defer the sentencing hearing for up to a year. During this time, the child will be under the supervision of the Probation Service. If the child complies with the terms of their probation, the judge can discharge the child at the deferred hearing. If the child fails to engage with the Probation Service, the judge can make an order for detention or, if the child turns 18 in the interim, an order for imprisonment.

The second objective of the Bill is to ensure that a number of existing community sanctions under the Children Act 2001 can be enforced once the child turns 18 years old. The Act specifically references a "child" in the context of the community sanctions and a child is defined in the Act as a person under 18 years of age. Specifically, a probation order, a probation training or activities programme order, and a probation intensive supervision order will be amended to ensure they continue to be applicable once the child turns 18.

The third objective is to set the age of eligibility for procedural entitlements under the 2001 Act to the age a person was when the offence was committed, and not the age the person is at the time of the trial. These entitlements, which include anonymity, were introduced in the 2001 Act because evidence showed children do not have the level of ability to think ahead, understand consequences, and make choices about their behaviour or control their own impulses in the way that would be expected of adults and, therefore, they have less culpability in respect of criminal behaviour. Children also have greater chances of rehabilitation. Setting the age of eligibility for these procedural entitlements to the age a person was when the offence was committed will reduce the possibility of unequal treatment between young offenders, for instance in circumstances when delays in criminal trials take place for reasons not related to the young offender.

Finally, the fourth objective is to provide for miscellaneous matters that relate to the administration of youth justice. These include the repeal of orders no longer utilised by the courts and changes to the board of management of Oberstown.

The Department consulted with a variety of stakeholders in the development of these proposals. That included the then Department of Children, Equality, Disability, Integration and Youth, the Probation Service, the Irish Prison Service, An Garda Síochána, the Office of the Director of Public Prosecutions, the Courts Service, the Ombudsman for Children's Office and members of the Judiciary.

A briefing note further elaborating on the policy objectives and the main changes of the Bill has been provided. I look forward both to the discussion today and to considering any input arising from the committee’s scrutiny.