Mick Wallace (Wexford, Independent) | Oireachtas source

I support any programme that is an alternative to prison and the youth diversion programme is an excellent example of this but, unfortunately, like many progressive programmes, it is underfunded. Some €14 million was allocated in 2018 but more is obviously needed.

The programme allows young people suspected of a crime, who then accept responsibility for it, to get off with a police caution instead of prosecution. One must, therefore, admit the crime one is accused of to be allowed entry to the programme, while re-offenders are unlikely to be allowed partake in the programme. It is worrying that, of the 55,506 referrals deemed unsuitable for the youth diversion programme, 7,894 were not progressed due to basic Garda incompetence. The State should have fully investigated and, if need be, prosecuted these offences, for the sake of the victims, but also for the sake of the accused children, although one will not read that in any of the newspapers. We sometimes appear to forget that one is innocent until proven guilty. It is possible that if the Garda had progressed these 7,894 suspected crimes through the criminal justice system, some of the accused would have been found not guilty. Commissioner Drew Harris rightly called them "suspected crimes" at the Policing Authority and we should not forget that.

Of the 7,894 suspected offences that were not progressed, 1,635 were public order offences, while 385 were for trespassing in yards or curtilage. It begs the question of whether we need to consider re-examining some of the legislation governing offences.

Section 5(1) of the Criminal Justice (Public Order) Act 1994 makes it an offence for anyone in a public place to engage in offensive conduct between the hours of 12 midnight and 7 a.m., or at any time after having been requested by a member of An Garda Síochána to desist. Should young people be arrested and charged for making noise?

I understand anti-social behaviour is annoying to some but wasting money prosecuting offences like these does not seem logical to me. Why not create a community service-type regime instead? As the Minister of State knows, I have done some community service. It is a powerful system and it makes a lot of sense. The Government can say it has it but until it actually funds it and structures it properly, we do not really have it. Other countries structure it and fund it. It is possible but we are not doing it. Of the 7,894 crimes that were not followed up on, 55 were serious crimes, including one rape. How many gardaí were involved in the decision not to progress this alleged offence through the criminal justice system? Surely it was more than one liaison officer. Commissioner Harris told the Policing Authority that 3,400 gardaí were involved in the offences that were not followed up on. Will he be able to discipline every one? Probably not. I do not envy him his job but from what I have seen to date his handling of it has been positive. There is a lot of work in this area. It is not an area we have put enough thought or resources into. It is something that deserves a bit of work on our end.

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