Maurice Cummins (Fine Gael)

I welcome the Minister of State to the House. I am very pleased to have the opportunity to speak on this debate which is a vital issue in terms of justice policy and attempts to address the growing problems of anti-social behaviour, underage drinking and drug taking. These problems have become endemic in our society in recent years and we need to be strong in our resolve to deal with them.

My party believes that the solution to juvenile crime lies in treating both the symptoms of crimes and the causes that drive young people and adults to behave in a manner that is not acceptable. It is no coincidence that the incidence of juvenile crime is higher in socially deprived sections of our society. The Government appears to have done little to address the widening gap between the "haves" and the "have-nots". While it is all very well to say that a rising tide lifts all boats, it is little comfort for those who have no boat at all.

The question of juvenile crime must be addressed with a varied arsenal, combining primarily the principles of restorative justice with proper juvenile liaison facilities, community policing and renewed investment in educational and sporting facilities for young people. Traditionally, when a crime is committed, irrespective of the victim, the State takes the action against the offender. The concept behind restorative justice focuses on crime as an act against another individual or community, rather than the State. In this way, the victim can play a major role in the criminal justice process, receiving some type of restitution from the offender.

While restorative justice takes many different forms, all systems have some aspects in common. Victims have an opportunity to express the full impact of the crime upon their lives, to receive answers to any lingering questions about the incident and to participate in holding the offender accountable for his or her actions. Offenders can tell their story of why the crime occurred and how it has affected their lives. They are given an opportunity to right the wrong they have perpetrated against the victim, to whatever degree possible, through some form of compensation or restitution. Types of compensation include, but are not limited to, money, community service in general, community service specific to the deed, self-education to prevent recidivism, and the expression of remorse.

My party has always stood for the duality of rights and responsibilities. Just as we fight for the rights of Irish citizens to enjoy freedom of expression and association, so too do we believe that people who violate the rights of others and impede on their enjoyment or environment in whatever way, bear the responsibility to right that wrong where possible. However, as with all things, prevention remains better than cure and we must also enshrine systems and facilities that will remove disadvantage and the circumstances that may cause young people to break the law and to behave in such an anti-social fashion.

In the first instance, the areas that we all know to be marginalised and disadvantaged, in predominantly urban and suburban parts of Ireland, must be targeted for investment in facilities and programmes for young people. We know that investment in sporting facilities, support for social programmes and constructive community events divert young people from the sticky web of misdemeanour in which so many of them become entangled. If we know that these solutions are effective, we truly have no excuse not to implement them and use them to best effect in tackling anti-social behaviour and juvenile crime.

In tandem with this kind of targeted investment, the State must support effective programmes within our criminal justice system, not least of which is the network of juvenile liaison officers and community gardaí. Their mission is to reduce the rates of re-offending and, where possible, to nip crime and criminality in the bud. I pay tribute to the invaluable role the juvenile liaison system plays in keeping so many children on the straight and narrow.

I agree wholeheartedly with the wording of this motion calling for "proper, ongoing and guaranteed funding and resources to be made available for the measures contained in the Act and in particular those aimed at preventing juvenile offending." If we do not take the matter of juvenile crime in hand now, it will be more difficult in the coming years. It is galling that while many provisions and legislation already exist to implement progressive and compassionate initiatives to tackle juvenile crime, many of the key provisions in the legislation have not yet been put into force.

Four years ago, after a long and protracted process, the Oireachtas passed the Children Act, legislation that represents a triumph of co-operation between the various parties in this House and in the Dáil. The Act contains several forward-looking provisions that represent invaluable tools in the effort to build a better society for our children and our children's children. Unfortunately, many of its key provisions have not yet been put into force, whether for lack of resources or lack of imagination on the part of the Government.

The Children Act contains a range of measures including provisions to force parents to take responsibility for the actions of their children and for compulsory parenting courses. It is a gross waste of the time of the Oireachtas to have passed such an estimable Act only to ignore its potential. It falls to the Minister for Justice, Equality and Law Reform to rectify this regrettable state of affairs, particularly when he and his Cabinet colleagues continue to tell us how much money the country has and how successful the economy is.

Juvenile crime is a massive and urgent problem. It did not emerge overnight. It has grown out of neglect of our society and our children. The trend we see today can only be reversed through investment and a desire to change on the part of those in political power. It is no longer enough for our Ministers to throw their hands in the air and decry the current situation; rather it is time that they, and all of us, took responsibility for doing something about it, now and in the future.

The Fine Gael Party has consulted the public at over 100 meetings nationwide on our proposals to tackle juvenile crime and anti-social behaviour. Crime is hurting our people, our neighbourhoods and our communities. Constructive proposals from a number of sources are now in the possession of the Minister, but the Government does not seem to have the commitment to resource and implement its own legislation, particularly the Children Act 2001.

The lack of resources does not wash anymore with the public when the public finances show such a significant surplus. The time for talking is long gone. We now need action and a willingness to tackle the problem of juvenile crime. The complacency and lack of urgency shown by this jaded Government inspire very little confidence.