Martin Daly (Roscommon-Galway, Fianna Fail) | Oireachtas source

Some children come into contact with the law as a consequence of doing what comes naturally to them: pushing boundaries, acting without thought of consequence and establishing themselves in the mistaken judgment that they are impressing their peers. They may also be victims of criminal exploitation. However, research shows that where children are apprehended and convicted in the criminal justice system, lives are blighted in terms of educational and employment opportunities. In fact, a 35-year international meta-analysis found that formal court processing and even formal out-of-court disposals increase the risk of further criminal activity and are a marker for predicting criminal involvement into adulthood.

Most adolescents grow out of criminal behaviour as they get older. It is recognised as the age–crime curve, peaking in mid-adolescence. The most deleterious thing we could do to adolescents and ourselves as a State would be to formally criminalise them. Children diverted at the point of arrest are less likely to reoffend, more likely to stay in education and more likely to find employment in later life. If we are serious about diverting young people from criminal activity, we must address the broader context in which that activity emerges. Drug use, mental health challenges and peer pressure are key drivers but they rarely exist in isolation. Too often they are accompanied by poverty, early school leaving, family instability, exposure to trauma and a lack of access to safe and supportive environments. Drug use among adolescents is not just a health concern; it is often a red flag for deeper distress. Substance use often begins as a coping mechanism for anxiety and adverse life experiences. Without the right support, it can become the gateway to exclusion, addiction and contact with the justice system. This is why mental health in its widest possible definition must be central to our response.

Young people today face enormous pressures online, in school and at home. Peer influence is another powerful force. Adolescents crave belonging and identity. When positive role models are absent or structured alternatives are lacking, they may find the sense of identity in peer groups where antisocial behaviour is normalised.

Youth work, education, sport and community engagement must not just be available but also visible, inclusive and appealing. The Government’s youth strategy and the expansion of the diversion projects are a welcome step. According to the Centre of Justice Innovation, diversion can reduce the police burden by up to 35% while giving young people a genuine second chance. In neighbouring jurisdictions like England and Wales, 40% of point-of-arrest diversion schemes limit access to those with two or fewer prior offences. So, what must we do? Eligibility must be flexible and inclusive, based on more than just a one-shot approach. Diversion schemes must be accessible and timely. Schemes have to be tailored to individual needs and not one size fits all. Schemes need to feed back to An Garda Síochána. Diversion schemes should be seen as an evidence-based investment in young people and the State itself.

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