Camillus Glynn (Fianna Fail)

This is important legislation, the implementation of which is even more important. There was a recognition that the juvenile justice system could no longer continue to develop within the statutory confines of the Children Act 1908 and that further development would have to be underpinned by new legislation, namely, the 2001 Act. That Act is designed in such a way that all its provisions dovetail into one another. I agree with the suggestion that it is imperative that all aspects of the Act be brought into operation. I commend the Minister of State on the work he has done so far.

The Act provides the framework for the development of the juvenile justice system. It reflects the thinking that young offenders, by reason of their age and level of maturity, deserve to be dealt with differently from adult offenders. That is true because they are in a different age category and are still only developing. As a consequence, the implementation of the Act and the regulation that emanates therefrom would have to be designed to cater for those who are still at a developmental age. That is what this legislation does.

The philosophy underpinning the juvenile justice aspects of the Act is that there should be a suitable intervention for every child who commits an offence, irrespective of the nature of the offence or the circumstances of the child who commits it. It re-enacts and updates the provisions of the 1908 Act to protect children against abuse by persons who have the custody, charge or care of them. The Minister of State made the point that detention or custodial care should be the last resort. I agree totally with that view. As one who worked in a care profession for many years, that has been widely recognised in the psychiatric profession for some time. With the advent of Planning for the Future, the psychiatric services clearly recognise that point. The application of this legislation is comparable to that policy. It provides for a family welfare conference and other provisions for dealing with non-offending children in need of special care and attention.

The Minister of State dealt with the various Parts of the Act that have been implemented and referred to those which have not been implemented. I shall touch on a number of aspects of the Act and the position as I see it as a public representative and as a parent. When a child gets into trouble he or she has to be dealt with. One could use the term "crisis intervention" where the victim confronts the perpetrator, whether old or young. The same applies when people are dealing with those who have an addiction. They are confronted by those closest to them such as a spouse, partner, employer or best friend. It is only in that way, if it is possible to get through to them at that level, that they begin to realise they have a serious problem and start to do something about it.

An issue on which I have always harped is parental control. I regret to say that children control their parents very well in many cases. In fact, there is absolutely no control. That is what has to be dealt with. Parental control and responsibility is central to all of this issue. Certainly the State, the Garda, the caring institutions and the educational system have a role to play but parental control plays a pivotal role. We have all heard of latchkey children. For many children who are home at 4 o'clock, the door is on the latch; that is when many fall in with the proverbial Fagin of Dickens fame. They are not nicking a wallet or pinching a pocket or two but are pushing drugs and engaging in all their attendant evils, especially in urban areas. That has been proven. Children of a relatively tender age have been known to come into the clutches of drug pushers and drug barons.

We know parents have to work. There is one section of the community to which I wish to pay tribute not because I want to be patronising, but because I want to be honest. I am married to someone I call the minister for home affairs. Women play a pivotal role in this area. Given that many women have to go out to work there has to be a recognition by the powers that be that although much has been done in regard to the provision of crèches and so on, more needs to be done. Parents are central to the issue.

Another area that needs attention relates to those children who suffer from ADD and ADHD. I arranged at one stage for these children and their parents to be received by the committee of which I am a member, the Joint Committee on Health and Children, and by the Joint Committee on Education and Science. If those children are not detected they will come under the unfavourable eye of the law. Many end up in the psychiatric services because nobody knows what to do with them and they cause huge problems at home. This is an area into which money must be invested. While resources have been allocated to date, more are required. It is imperative that the condition ADD-ADHDis recognised, diagnosed and treated. It has been proved that if it is treated there is a large measure of success.

Senator Cummins referred to school attendance. We all know that school attendance by children from certain deprived areas around the country is low. However, we should not give up. The Garda has a role to play as well as other support services. Unfortunately, in some cases, sufficient action is not being taken.

The gravity of the offences committed by people has to be brought home to them. We saw on the television news where two murders were perpetrated on the one day, one in Dublin and one in Mountmellick, by juveniles of a tender age. I can say from professional experience that there are those, irrespective of age, who harbour serious thoughts about causing damage and hurt to others. It is not enough to say they will grow out of it, as has been said in the past. I regret to say that in the main they do not grow out of it. They are dangerous people who need institutional or residential care because society must be protected, irrespective of the age category of the potential offender.

The adverse impact and influence of television must also be appreciated. Some of the television programmes being broadcast, particularly on satellite channels, are absolute dirt. They are filthy and unfit to be viewed by adults let alone by children, which is regrettable. It has been proven beyond doubt that children are influenced by some of these programmes. We must examine and be conscious of what is broadcast on television in particular and take corrective action when inappropriate material is transmitted. I do not refer to our national television stations but rather the filth and rot broadcast by other channels.

The abuse of alcohol by children in their early teens is another growing trend. The Midland Health Board carried out a survey in recent years, the results of which leave one gob-smacked in terms of the percentage of boys and girls in their early teens who are drinking on a regular basis. The figures are worrying and we must deal with the issue.

The impact of health board services must be appreciated. In so far as their responsibilities lie, the health boards have done a good job. In many cases, they have taken on difficult situations when children had to be taken into care by social workers doing their duty, which I applaud. However, in some cases, there is little public support for health board social workers' actions and we must compliment them because they are doing a good job in difficult circumstances. I do not want to highlight the fact, but we must now recruit social workers in South Africa and other far-flung countries because people are not entering the profession in Ireland. Much has been done, but more needs to be done.

We could do more to provide sports facilities. In this context, I acknowledge the work of the GAA as well as the soccer, rugby and other sporting clubs. They need our support because they are occupying young people and burning up their surplus energy by providing facilities. Unfortunately, however, there is a category of young people who will not avail of such facilities.

I wish the Minister of State well. He has done tremendous work with this portfolio and, as has been acknowledged by Senator Cummins, he has a tremendous grasp of his brief. I ask him to take particular notice of the ADD and ADHD organisations as well as the Dyslexia Association of Ireland. Children who suffer from such conditions, if they are not detected in time and corrective measures taken, can find themselves on the wrong side of the justice system and may end up in the psychiatric system in inappropriate circumstances.