Dr. Louise Forde:

I thank members for this opportunity to attend today’s meeting in order to engage with the committee on the general scheme of the children (amendment) Bill. I am presenting this statement on behalf of myself and Professor Ursula Kilkelly. Professor Kilkelly is a leading international scholar in children’s rights and youth justice and a former chair of Oberstown Children Detention Campus. I am a senior lecturer in law at Brunel University of London, a member of the research advisory group for the Oberstown Children Detention Campus and a member of the Academic Liaison Network for the Youth Justice Board for England and Wales.

The proposed children (amendment) Bill represents an important opportunity to bring Ireland’s framework for youth justice further into line with our international obligations under the UN Convention on the Rights of the Child, UNCRC. We welcome the aim behind the general scheme to extend key provisions of the Children Act to those who are children at the time of their alleged offences but who reach 18 prior to the conclusion of legal proceedings.

The Children Act is generally acknowledged to have provided a largely progressive foundation for Irish youth justice. Nonetheless, there are still several areas in respect of which further progress is needed in order to bring Irish law fully into line with UNCRC requirements. Under the latter, the rights children are entitled to in the justice system are found in Articles 37 and 40. Both articles include requirements to ensure age-appropriate treatment, provide support for reintegration and provide adequate protection for procedural rights. Children in conflict with the law are also entitled to enjoy their convention rights without discrimination, to have their best interests taken into account as a primary consideration, to have their views taken into account in matters affecting them and to have their right to develop respected.

In 2023, the Committee on the Rights of the Child highlighted some key areas where further steps are needed to strengthen UNCRC compliance. It was recommended that Ireland take steps to ensure that children below the age of 18 are not prosecuted as adult offenders, without exception, to raise the minimum age of criminal responsibility to 14 and to strengthen measures for children leaving the justice system. The general scheme of the children (amendment) Bill provides an important opportunity to address some of these issues.

The extension of the Children Act to those who commit offences as children but who reach 18 prior to the conclusion of proceedings is a very important step. The non-application of the Act to children who age out has been problematic in view of the fact that it has resulted in young people being sentenced as adults and the loss of important privacy protections and their entitlement to benefit from other provisions under the Act. The steps taken in the general scheme of the Bill in this regard are therefore extremely welcome.

There are, however, areas where further amendments could help to further promote rights-compliant youth justice. For instance, consideration should be given to including a general section that makes it clear that the UNCRC principles apply to all decision-making under the Act and to further strengthening privacy provisions under the Act. Consideration could also be given to updating and refining provisions relating to family conferencing, the application of fines, providing supports for young people leaving the justice system and other matters in order to bring them more fully into line with international requirements. Extending the Children Act to young adults and raising the age of criminal responsibility should also be given careful consideration. A number of these issues have been highlighted by the Committee on the Rights of the Child, and several were highlighted as areas for development in the Youth Justice Strategy 2021-2027. We have elaborated further on these in our written submission.

The proposed amendments to ensure that all those who commit offences as children will be treated as children during legal proceedings will help to address key recommendations made by the Committee on the Rights of the Child. There is also an important opportunity to give further consideration to the other matters we have highlighted in order to maximise the opportunity to ensure the development of a progressive youth justice system that is underpinned by respect for our international legal obligations. I thank members for their time and am happy to take questions.