Pa Daly (Kerry, Sinn Fein) | Oireachtas source

The Bill is a welcome development, especially in light of the work done by my colleagues, Deputies Ward and Martin Kenny, in this area. The maximum sentence is somewhat lower than that proposed by Sinn Féin but we can examine this further on Committee Stage.

It is becoming increasingly clear that the engagement of young people in serious and organised crime is a concern. We must be careful about scaremongering around crime but children are among the most vulnerable in our society. Traditionally, criminal law treats children differently from adults, as they are not able to interact with society and exercise proper judgment and self control, and rightly so. That is why, over the years, they have had more access to juvenile liaison officers, JLOs, restorative justice, albeit not as much as one would like, as well as probation services and community sanctions. They are susceptible to the influence of others, especially adults, and the Bill is an attempt to square a circle that exists between children committing, in some cases, serious offences within an organised command structure and the need to turn them away from a life of crime. Too many children are caught up in these acts from a young age at the instigation of an adult. This then exposes them to prison or other detention facilities during a crucial time when they would otherwise be learning skills important for their social and economic development. Prison can too often replace an educational facility and serve as one, with crime being the curriculum.

Although not necessarily under the remit of the Bill, we should acknowledge that young adults are undergoing a period of mental and emotional development in their later teenage years. In my time in the community, I saw this all too often, with vulnerable young people falling foul of the system and being set on a course of offending. Indeed, some of the same defendants would show up in court throughout the years as they grew older, stuck in a cycle of incarceration and reoffending, with convictions that would prevent, if not prohibit their advancement. For those who did escape the cycle, which is possible, the fundamentals of housing, education and rehabilitation from the mental and physical traumas they had experienced were always key. Where these are available, young people stand a chance but all too often they are not. The Government's commitment to evolving towards a public and community safety approach is important, especially for children. Tusla, the Probation Service and a proper youth justice agency all need to be part of a wraparound approach along with housing and health services.

In terms of who the Bill is aimed at, we are seeing an increased confidence among gang leaders and the showcasing of elaborate and affluent lifestyles on social media sites is a major part of this. Within communities where economic opportunity is limited, it makes for an attractive recruitment pitch and the use of children within the economic functions of a drug gang becomes much easier as a result. Children, those with no criminal record and others. are often used to transport or hold money and drugs. They are less likely to arouse suspicion and can be treated as expendable.

The Government needs to get serious in this area. Our demoralised and depleted Garda force is stretched too far to be able to deal with the problem. Clearly, the targets that have been set for recruitment into An Garda Síochána this year are unlikely to be met. The Government has actually moved its targets towards the end of 2024 because there have not been enough entrants to the courses in Templemore this year. That issue needs to be addressed, as well as looking at the Garda diversion programme, resourcing communities, improving and funding community employment, CE, schemes and family resource centres along with a dedicated youth justice agency and other measures necessary to improve the situation.

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