Fidelma Healy Eames (Fine Gael) | Oireachtas source

I am delighted to support this proposal, which is sound educationally and socially. Its intention is positive and it could have a profound impact on society.

I am supporting this for a few reasons. First, young people can be vulnerable and if they get on the wrong side of the law early, it can start a dangerous pattern. I am encouraged by the model of a community because it may not turn young people off the law.

It could show them how the law can be on their side and understand them. The motion contains many positive points, one being the proposal to work in a cross-agency way with other service providers to perhaps use the misdemeanour in which the young person was engaged, be it petty theft or whatever else, to introduce him or her to other providers that could help him or her. Ultimately, if such persons go into prison, they will be a huge cost on the State and as Members are aware, there is a high level of reoffending, as they can come out in a much worse state. A number of years ago I produced an early school leaving study in the Oireachtas and this could easily have been one of that report's recommendations. I compliment Martin Senator Conway on it. In the course of the study we visited some of the prisons, including Mountjoy, and met some of the young people concerned. They truly had been let down by society. In many cases, they had been let down by their families, albeit not intentionally, as many of those families were well intentioned but did not know how to parent. They were not understood by their schools, had dropped out of school early and were lost. Thereafter, such persons definitely will show up, as they will be caught by the Garda and show up in the courts system. I do not believe a heavy duty court is the place for them. I agree completely with Senator Thomas Byrne's observation that much of the time they are petrified of courts. Consequently, a model is required that is softer, fairer and more understanding and I believe Senator Martin Conway may have put his finger on it in this regard. The point is to take it forward, which is not to say a person should not receive his or her medicine or be punished. It is a question of how it is done.

I also wish to support the motion for another reason that concerns a category of persons whom I found to be in need. Members may or may not believe it, but there is a little understood category of young person with impulsive behaviour, particularly those with attention deficit hyperactivity disorder, ADHD. Quite a large proportion of such persons end up in prison. I suggest they are wild but not bad. However, they can be made very bad by having a record. Another category for whom this measure would be extremely helpful and which all Members are aware is at risk is those young people at risk in respect of mental health issues. Some young people, once they get into trouble for a minor offence, become fixated on it and cannot deal with anything else and in a reasonably caring society everyone is worried they might take their own lives. I can tell Members that throughout the country parents of teenagers and young people are extremely worried about mental health issues, which makes the job of parenting so much harder. I acknowledge that I am deviating slightly, but it is equally relevant because it can be traumatising to have a court date in front of one.

I wish Senator Martin Conway well and he has my complete support. I support his call on the Minister for Justice and Equality to initiate a pilot project for community courts in Ireland. While the Senator has sought to have the pilot project take place in Dublin, I believe any city would be appropriate. I believe limiting it to Dublin city would be unwise and there is no reason not to have one in four major cities as there is social disadvantage in each. However, such courts are not merely to deal with social disadvantage. Any kid can get into trouble and every kid deserves the chance to be saved. Everybody deserves one chance and this could be the vehicle to lift him or her out of that trouble and to show him or her a more positive way to behave.

I thank Senators and the Acting Chairman and will leave matters in the Minister of State's capable hands.