Dáil debates

Thursday, 22 October 2020

Ceisteanna Eile - Other Questions

Legislative Programme

9:20 am

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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9. To ask the Tánaiste and Minister for Justice and Equality her plans to criminalise adults who groom children to commit crimes, as outlined in the programme for Government. [31241/20]

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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There is undoubtedly sufficient social distance between the Ministers and me. Sitting back here gives a whole new meaning to the term "backbencher".

I ask for an outline of the Government's plans to criminalise adults who groom children to commit crimes, as outlined in the programme for Government.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I thank the Deputy for raising this important issue. Diverting young people from getting involved in criminal activity is a key priority for the Government. The exploitation of young people and children is a particular concern. As the Deputy will be aware, while an adult may be prosecuted for a crime which has been committed by a child who has been incited to do so by the adult, there is currently no mechanism in law for explicitly recognising the damage done to the child.

The programme for Government commits to developing a law which would take account of this and penalise adults for the exploitation and harm done to the child in such cases. This has sometimes been referred to as "Fagin's law". Officials in the Department are already working to develop legislation in this regard and it is intended to bring proposals to Government in the form of a general scheme by the end of this year or early next year. It should be noted that this is a complex area, as in many cases the adult in question is known to the child and may in some cases even be a family member, causing potential issues with regard to witness testimony.

In addition, the Deputy may be aware of the Greentown report published in December 2016, which was produced at the school of law in the University of Limerick, UL, and examined the influence of criminal networks on children in Ireland. The report outlines how the influence of criminal networks increases the level of offending by a small number of children and entraps them in offending situations. As part of the wider Greentown project, targeted interventions are to be piloted to further protect children in Ireland from becoming involved in criminal networks.

With regard to broader issues of youth justice, the Deputy may also wish to note that the Department is finalising a new youth justice strategy and it is intended to bring a final strategy to Government before the end of the year. 

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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I thank the Minister of State. He spoke of the damage being done to children. I acknowledge the work done by the Minister of State, Deputy Rabbitte, in this area before her appointment. She visited Ballymun and Finglas in my constituency several years ago to talk to us about "Fagin's law", her Bill on the recruitment of children to engage in criminal activity. While she had been inspired by a father inducing a child to steal from a changing room at a local match, the application of the concept in my constituency was important. We have seen young people being induced into crime. They are given small incentives first, such as a curry tray or something else from the chipper, then a pair of runners and then a track suit. These children are being brought into the drugs industry, which is a lucrative one and difficult to compete with as a PAYE worker. Young people see this disparity and look at the options. We need, therefore, to make interventions and criminalise adults who induce these children to commit crimes. I ask the Minister of State to go further. What other measures does he intend to put in place?

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I thank Deputy McAuliffe for raising this issue, which is an extremely important one. The Deputy has been leading the charge in this area for some time, as has the Minister of State, Deputy Rabbitte. She has done a great deal of work on this issue.

A twin-track approach is required. One concerns criminalising those people who groom young children. We must also have the correct interventions in place to support those young children, divert them from criminal activity and ensure they have the supports required. A number of processes are under way in that regard. The Greentown report on the influence of criminal networks on children in Ireland was produced by the research evidence into policy, programmes and practice project team in the school of law at UL. Some €4.2 million has been allocated to this area over three years for investment to support that programme and other pilot projects. Work is also ongoing on the youth justice strategy, which I expect will be published before Christmas. That is concerned with extending programmes, such as the Garda youth diversion programme, and bringing in other Departments and services to ensure that young children who are being groomed for a crime are diverted and have the supports they need to take alternative routes for their own protection.

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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I look forward to working with that review. I once chaired a youth justice project, not in my local area but in Kilmore. Many of the services put in place by the State, whether youth justice or issues such as those I was talking to the Minister about last night, including the national childcare scheme, after-school programmes and similar matters, are working to ensure that children do not fall between the cracks. The problem is that those initiatives are competing with people who are willing to break the law and induce young people into a life of crime. The Ballymun drugs task force and Dublin City Council will soon publish a report on the impact of open drug dealing in the Ballymun community. I hope to forward a copy to the Minister and the Minister of State and look forward to a whole-of-government response.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I hear the concerns of the Deputy about this important issue of children being groomed by serious criminals. There is temptation if young people are promised easy money in the absence of alternative supports being in place. We must ensure there is a whole-of-government approach and not simply a theoretical approach. Appropriate interventions must be put in place on the ground to ensure that children are diverted from criminal activity and the required supports are put in place. That is partly what the youth justice strategy aims to do. It is not intended to deal simply with stand-alone interventions, but to ensure that everything is working together to provide those supports and direct people away from crime.

However, we must also tackle poverty. That is part of what gives rise to the temptation that attracts young people to crime. They are living in poverty and that is a major issue and part of the attraction of crime. Several interventions are needed, all working together, to tackle the issues the Deputy raised.