Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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3. To ask the Tánaiste and Minister for Justice and Equality his plans to bring forward new measures to deter criminal assaults on young persons under the age of 18 years; and if he will make a statement on the matter. [44322/17]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Throughout this city and country, teenage boys are frequently being subjected to gratuitous criminal assaults. Sometimes those criminal assaults are by other teenage boys. These issues do not receive any recognition in newspapers or the national media, but the events have a very significant and negative impact on young teenage boys. Are there measures Deputy Charles Flanagan, as Minister for Justice and Equality, can take to prevent these criminal assaults which have such a negative impact on the young person, particularly in mind of the extra difficulty that, in most circumstances, the assailant is also a teenage boy.

Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that there is a range of robust legislative provisions in place for dealing with criminal assaults generally. The law in relation to assault is not defined by age. The general law relating to assault is contained in the Non-Fatal Offences against the Person Act 1997 which deals comprehensively with a wide range of assault provisions, the more serious of which carry heavy penalties, as the Deputy will be aware. That Act provides for penalties of up to five years in prison for an offence of assault causing harm and for a penalty of life imprisonment for an offence of assault causing serious harm.

While the main area of law which deals with assault is the Non-Fatal Offences against the Person Act, section 18 of the Criminal Justice (Public Order) Act 1994 created an offence of aggravated assault with intent to cause bodily harm or to commit an indictable offence. A person convicted of this offence could face a maximum penalty of an unlimited fine or a term of imprisonment of up to five years or both.

The general approach in Irish law is for the Oireachtas to set a maximum sentence in statute and to leave the precise sentence in any case to the discretion of the sitting judge who can have regard to the relevant principles and the circumstances of each individual case, including such factors as the age and vulnerability of the victim and the seriousness of the offence. An Act of the Oireachtas which arbitrarily required that an assault on a person in one age category be treated differently from an assault on a person in another age category could fall foul of the constitutional requirement to treat all citizens equally.

I advise the Deputy that the legislation in this area is kept under constant review by my Department in collaboration with An Garda Síochána. However, if he wishes to make specific proposals, I will be happy to examine them in the context of what he has just said.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The reason I tabled the question is because I was recently contacted by a mother in my constituency who told me that her 15-year old son was out one Saturday afternoon on his bicycle, he was stopped by a group of other teenage boys who took his bicycle and as if that was not enough they then proceeded to punch him. As a result he required significant dental reconstructive work but, worse, it also had a significant impact on his self-confidence, in particular as the incident occurred in the area in which he lives.

When the boy's mother contacted me I suggested she contact the Garda, which she did. She said the gardaí were doing their best, but as the Minister is aware, they can only respond on the basis of evidence that is available and prosecutions can only take place if there is evidence available. In the aftermath, I contacted other people and was astonished by the extent to which such assaults are happening on a very frequent basis. We do not see it in the newspapers or hear about it on the radio, but these events occur regularly to young men. In a way because young teenage boys are affected, it is regarded as being acceptable and part of growing up. It is not. No young boy should be subjected to such violence.

Since it is the case that such assaults are being committed to a large extent by teenage boys, what can be done with young offenders to prosecute them and ensure there is some deterrent in respect of these matters?

Charles Flanagan (Laois, Fine Gael)
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I convey my sympathy to the victim of the assault and his parents, which was brought to the attention of the House by the Deputy. I agree with what he said. It is essential that we continue to do everything in our power to protect the most vulnerable in society. It seems that the case which has generated the question in the House does involve a vulnerable person, namely a young defenceless individual. As I stated, a range of robust provisions at statutory level is in place to deal with criminal assaults. I repeat that we always keep legislation under review.

A person who has been the victim of an assault as described by the Deputy, whether they have been assaulted by a stranger or by someone they know, the best way to ensure their safety is to report the incident to An Garda Síochána. The decision to report the assault is entirely that of the person concerned. In addition, there is a number of bodies who are able to provide assistance to victims of assault such as the Crime Victims Helpline. The Deputy is aware we are at an advanced stage of completion of the Criminal Justice (Victims of Crime) legislation. I acknowledge the point made and I believe society needs to be vigilant in order to ensure that the most vulnerable are protected.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Minister is correct in stating there are robust provisions but they apply in respect of an assault being committed by an adult. If I am assaulted or the Minister is assaulted there will be issues in respect to that but it appears to be different when the assault is perpetrated on young teenage boys by young teenage boys. I read a report recently in The Sunday Timeswhich said there had not been prosecutions in respect of young persons who had been arrested on criminal charges. We need to look again at this issue. As the mother who telephoned said to me - perhaps I am entering dangerous territory - that if this was happening to young girls in the area there would be uproar about it but for some reason society seems to tolerate gratuitous criminal assaults on teenage boys. We have to send a message that this needs to stop, that it is unacceptable and it is not simply part of growing up. It is a criminal assault on young people and we need to deal with it.

Charles Flanagan (Laois, Fine Gael)
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The Deputy is referring to criminal assaults being perpetrated by young people on other young people. I agree that it is an issue that requires attention. Of course, there are difficulties experienced by communities and individuals due to the anti-social behaviour of some youths. One of the ways in which An Garda Síochána tackles these issues is through behaviour warnings and behaviour orders. A member of An Garda Síochána may issue a behaviour warning to a child who has behaved in an anti-social manner. A behaviour warning is very much a preliminary step which must be taken before an application can be made to the courts. Many superintendents in charge of districts are convening meetings on anti-social behaviour in order to ensure every effort is made to inform both parents and young people as to the legal situation. A considerable number of behaviour orders have been granted. Fines are imposed in respect of the breach of a behaviour order.

Since 2007 a total of 3,564 behaviour warnings have been handed out and a number of behaviour orders have been issued by the courts. That demonstrates that early intervention on the part of the Garda does have a positive effect. I take very seriously the point raised by the Deputy and do not disagree with the issue he raised.

Declan Breathnach (Louth, Fianna Fail)
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Ós rud é nach bhfuil na Teachtaí a chuir síos Ceisteanna Uimh. 4 agus 5 i láthair, bogfaimid ar aghaidh go dtí Ceist Uimh. 6.