Mark Ward (Dublin Mid West, Sinn Fein)
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13. To ask the Tánaiste and Minister for Justice and Equality his plans to extend youth diversion projects to under-25s; when such an extension could be made; the estimated number of young people who could be diverted from the judicial system as a result; and if he will make a statement on the matter. [24770/23]

Mark Ward (Dublin Mid West, Sinn Fein)
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What plans are in place to extend youth diversion programmes to the under-25s? When could such an extension be made? What is the estimated number of young people who could be diverted from the judicial system as a result? May I have a statement on the matter?

James Browne (Wexford, Fianna Fail)
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I thank the Deputy for asking this important question.

Youth diversion has been in place for young people under 18 for many years. At present, a young person under 18 who commits an offence can be given access to the Garda diversion programme, including supervision by a Garda juvenile liaison officer. A diversion system can provide a second chance and enable people to avoid prosecution and a criminal record.

Research tells us that young adults, not unlike adolescents, can be particularly vulnerable to peer pressure, difficult personal or socio-economic factors, including substance misuse, and the impact of childhood trauma. In addition, scientific evidence tells us that the human brain and maturity continue to develop beyond adolescence and into the mid-20s.

A conviction can result in a chain reaction of negative outcomes for a young person, limiting employment opportunities, preventing them from getting visas to travel abroad and excluding them socially, all of which can feed into reoffending cycles, which is not to anyone's benefit.

The diversion programme has proved to be very successful in diverting young people under 18 away from crime by offering guidance and support to them and their families. It is important that we consider the supports and interventions needed for young people as they move into adulthood because personal circumstances do not just change overnight when someone turns 18.

As the Deputy will be aware, in November 2022 I published a discussion paper on diverting young adults aged 18 to 24 from entry into the wider criminal justice system, in line with the commitment in the programme for Government and the youth justice strategy. The proposals contained in the discussion paper suggest extending a system similar to the Garda youth diversion scheme to young adults aged 18 to 24 who offend. That consultation closed in January, and my Department is considering the results. The 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.

Mark Ward (Dublin Mid West, Sinn Fein)
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I welcome the discussion paper that was published at the one-day conference on youth justice held in Croke Park. I have already suggested that the diversion programmes should be for young people up to the age of 25. The idea behind that is to divert those who have committed minor offences - and I stress minor offences; it has to be stressed - from the judicial system. Their rehabilitation should be able to take place within their communities. I have often spoken in this Chamber about how we can best resource our communities. One of the best ways we can do so is to stop young people reoffending. That would have a big economic and social impact on our communities.

The Minister of State mentioned the report. When will the results of the report be published? When will the Opposition get insight into what recommendations are in the report?

James Lawless (Kildare North, Fianna Fail)
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I wish to ask a supplementary question on the same matter. I welcome the Minister of State's commitment to youth diversion programmes. As regards youths' encounters with the criminal justice system, however, is the Minister of State aware of the anomaly whereby, under the Children Acts, if a minor is charged with a crime but not sentenced until they pass the age of 18, they will be sentenced as an adult, whereas if that same case comes before the court before their 18th birthday, they will be sentenced as a minor? There seems to be an unfairness there. Two individuals having committed the same offence could have two totally different sentences, depending merely on the date on which the prosecution was in a position to run the case, outside the control of the victim, outside the control of the offender, outside the control of everybody bar, arguably, the State. It seems to be an unfairness and an anomaly in the system. Is there anything in progress to address that?

James Browne (Wexford, Fianna Fail)
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On Deputy Lawless's question, we are very much aware of that situation. Amending legislation will be brought forward this year to address it.

In response to Deputy Ward's question, some of the common themes that emerged from the submissions included consideration of a strategy developed specifically for young adults aged 18 to 24 who offend, grounded in evidence as to what works to promote and support desistance from offending behaviour among that age group; incorporating restorative justice and its collaborative and proactive solutions; training within the diversion programmes for 18- to 24-year-olds; and wraparound services ensuring a referral pathway for addiction services, employment, training, mental health services, local housing authority services and practical family interventions which support improved family functioning and relationships. I agree with the Deputy that supports in the local community where the young person is benefits both the young person and the community itself. I do not have an answer specifically in respect of publication of the work to date but I will certainly get one for the Deputy.

Mark Ward (Dublin Mid West, Sinn Fein)
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I agree with the Minister of State. We are on the same page on this one. In order for this to work, we have to resource our communities and put in place the proper resources in our communities to allow them to build resilience to crime, to build up youth diversion projects, as the Minister of State mentioned, and to build up addiction services. Some of the areas I represent are crying out for addiction services for those under 18 years of age, for example. Those are some of the things that can be put in place.

Many young people start using drugs before the age of 25, and at the moment taking a drug is a criminal offence. We all look forward to recommendations of the citizens' assembly on drug use that is ongoing. This youth diversion scheme, however, is not for hardened criminals; it is for young people who make mistakes. As the Minister of State indicated, it is to give people a second chance. It will make a big difference in people's lives and stop them going into that cynical cycle of going in and out of prison from a very early age. Anything that can be done should be done, and I would like to see that report published as soon as possible.

James Browne (Wexford, Fianna Fail)
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I again thank the Deputy for raising the question. We have significantly increased the funding for youth diversion projects. Also, I have met with the Minister, Deputy O'Gorman, and my Civil Service staff are engaging with other Departments. I agree with the Deputy that youth diversion projects are hugely important, but we also need all our various services, whether underage addiction services or early school leaver programmes, such that all the various organisations helping young people for that second chance are engaged together complement one another. That is probably the best way we can do that. They all come under different Departments, but we are actively ensuring that there are not those silos in place. We have some really good examples around the country, particularly in Dublin, of those agencies working very well together informally. One thing I notice when I travel around the country is that where those services are provided in the same building or on the same campus, as they often are, the various youth workers get a real bounce off one another with that shared expertise. We are actively looking at that.