James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Deputies for their contributions. As they may be aware, updates on progress in relation to the youth justice strategy are published as part of the annual implementation update. The implementation statement for 2021 is available on my Department's website and the 2022 statement is being worked on at present. I would like to speak on some additional policy objectives in the youth justice strategy.

We know that young adults aged 18 to 24 are disproportionately represented in the prison population. Scientific evidence tells us that the human brain's maturity continues to develop beyond adolescence and into the mid-20s. A conviction for a young adult can feed into re-offending and negatively impact the entire community, which is to no one's benefit. It can result in a chain reaction of negative outcomes for a young person, limiting employment opportunities, preventing people from getting visas to travel abroad and social exclusion, all of which can feed into re-offending cycles.

It is important that we consider the supports and interventions needed for young people as they move into adulthood, as personal circumstances do not change overnight when people turn 18 years of age. In November 2022, I published a discussion paper on diverting young adults aged 18 to 24 away from entry into the wider criminal justice system, in line with a commitment in the programme for Government and youth justice strategy. The proposals contained in the discussion paper suggest extending a system similar to the Garda youth diversion scheme for young adults aged 18 to 24 who offend.

We want to explore whether a comparatively more humane approach that focuses less on imprisonment and more on rehabilitation and restorative justice could offer improved outcomes for victims, offenders, and wider society. The consultation closed in January and my Department is currently considering the results. My Department will hold an open policy forum in the coming months to provide a further opportunity for consultation and engagement with stakeholders which will include expert speakers, discussion groups, and feedback. It is important we get this right by fully engaging with all relevant stakeholders and I look forward to doing that in the upcoming open policy forums in the autumn.

The Youth Justice Strategy 2021-2027 also includes a commitment to review and amend the Children Act 2001 as required to give effect to the objectives in the strategy, and to carry out a detailed stakeholder consultation to help refine and finalise a full package of amendments to the Act. The Children Act 2001 provided the first coherent framework for the development of a youth justice system since the foundation of the State. In practice, some of the provisions of the Children Act 2001 have not operated in the manner intended by the legislators. Following these stakeholder consultations my Department is now examining the provisions that are not being used or applied as intended in practice, and drafting proposed amendments to ensure the effective utilisation from the courts. Any amendments will be consistent with the principles of detention as a last resort, and the best interests of the child. A key policy question in reviewing the Act is whether the frameworks it established are still appropriate, relevant, and functional. Consultations are ongoing with our youth justice partners and with comprehensive proposals now under discussion.

Finally, let me say again that youth diversion is not about young people avoiding punishment or consequences. The aim of the statutory Garda Youth Diversion Programme is to prevent young between the ages of 12 and 17 from entering the criminal justice system. An Garda Síochána's decision on whether to admit a young person to the diversion programme is based on a number of factors, such as the nature of the offence, the impact of the offence on the community, the views of the victim, and the offending history of the young person. Diversion is not used for very serious offences or for serious repeat offending. I believe all young people deserve the opportunity to improve their quality of life, and deserve the have the choices to be able to make better life decisions for themselves.

Deputy Ó Laoghaire raised the issue of the cut-off point being at 18. There is no policy under the youth diversion projects that work with young participants that states that when the young person reaches the age of 18 he or she4 should then finish. If the young person still needs support it can be provided. Many projects continue to provide such support beyond the age of 18. I have been to visit many youth diversion projects where they can actually continue past the age of 18. I just wanted to clarify that point.

Deputy Lawless raised the issue of children ageing out and being prosecuted as adults. We will deal with this issue through legislation later this year. The youth justice strategy contains a commitment to the effect that young people should be prosecuted based on the age they were when they committed the crime and not the age at prosecution. The suspended sentence issue will also be dealt with. Deputy Mark Ward raised the Clondalkin Equine Centre. I am not aware of any approach made to the Department of Justice for funding. We do have a Crosscare youth diversion project in that area. I am happy for my Department to be part of those discussions with the Department of Agriculture, Food, and the Marine, the Department of Rural and Community Development and the Department of Children, Equality, Disability, Integration and Youth, their youth service elements, and the local authority on the future of the centre.

I thank the Cathaoirligh and the Deputies for their contributions to this debate and I look forward to further engagement on this matter.

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