Dáil debates

Wednesday, 31 May 2023

Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023: Second Stage

 

5:12 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Independent) | Oireachtas source

Drogheda is the largest town in the State, with a growing and diverse population. The town, however, has faced significant challenges as a result of the actions of those involved in criminal activities, including activities linked to organised crime. This has severely affected the feeling of safety and security for members of the local community in recent years. Similarly, Dundalk faces significant challenges in respect to criminal activity. This has been made worse by its close proximity to Newry. The impact on Drogheda of the Louth-Meath county boundary, specifically relating to the policing of the Laytown and Bettystown areas of east Meath, must also be addressed.

We are all, therefore, committed to building stronger and safer communities and implementing policies designed to create a pathway to divert young people away from a life of crime. The programme for Government contains two commitments in this regard. These are to legislate to address the coercion and use of minors in the sale and supply of drugs and the criminalisation of adults who groom children to commit crimes. This Bill is designed to fulfil both these commitments by recognising and making punishable in law the harm caused to children by drawing them into a life of crime.

The proposed new law is designed to address this harm directly. The Bill is designed to prevent criminal networks from exploiting young people to commit offences and aims to break the link between gangs and vulnerable youths. Those found guilty of these new offences face imprisonment of 12 months on summary conviction and up to five years on indictment. The child concerned does not have to be successful in carrying out the offence for the law to apply. While there has been a concerted effort on the part of An Garda Síochána to bring those engaged in violence to justice, the Garda will be given additional powers under this legislation to make such grooming activities a separate prosecutable offence and to intervene locally to prevent offences from taking place. I support this prevention measure entirely.

It is well recognised internationally that a more considered response by justice systems to young adults in the 18- to 24-years age group may produce better results. In line with this view of prevention, I wholeheartedly back this legislation. However, the identification of the appropriate diversion process for young adults is paramount in rooting crime out of communities at all levels. The Greentown project approach, which was produced at the school of law in the University of Limerick, outlines how the influence of criminal networks increases the level of offending by a small number of children and traps them in offending situations. This legislation has been influenced by the Greentown project, which analyses how criminal networks recruit and control vulnerable children. It recognises and identifies the scale of the problem in the State and develops a bespoke form of intervention.

Rooting crime out of our communities means we must show criminals that we are deadly serious about ensuring they cannot exploit young people for their own ends. Breaking the link between criminal gangs and the vulnerable young people they try to recruit will be essential if we are to divert young people from lives of crime. We must be equally serious about ensuring that crime does not pass down through generations by supporting education, targeted initiatives and funding, investing in community-based, multi-agency youth diversion projects which seek to divert young people who have become involved in crime or antisocial behaviour and supporting wider prevention work in communities and with families at risk. Youth diversion is all about ensuring young people avoid punishment and consequences in the criminal justice system. It is about recognising that many young people who stray from the proper path simply need support and direction to get their lives back on track. It must be ensured that these supports are available to every child in the State.

These diversion projects will provide an excellent route for children who have already been ensnared in criminal activity. This is important work in respect of the protection of children from criminal exploitation and will form the heart of these legislative proposals. Cross-agency co-ordination is essential. I look forward to working with the Minister of State in implementing this legislation. Legislation alone, however, is not enough. Properly resourced and motivated police, social care workers and prosecutors are required to address this form of exploitation. This is an expensive and complex task. Investment and funding must also be considered, alongside funding devoted to education, prevention measures and community-based initiatives.

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