Lynn Ruane (Independent) | Oireachtas source

I thank the Minister of State, Deputy Rabbitte, for being in the Chamber. I wanted to speak with the Minister today about the Youth Justice Strategy 2021-2027 and the progress made so far in addressing the serious delays in processing times for young people interacting with the courts and youth justice systems. For context, an article was published in The Irish Timesa number of weeks ago which highlighted the stark reality for many young people engaging with the criminal justice system. It spoke of an "endless series of delays" that pose a serious barrier which can negatively impact a young person's mental health and which breaks the temporal connection between an offence and a concluding outcome. In some of the cases referenced in the article, young people have been waiting up to seven years for their cases to come to a conclusion. The UN Convention on the Rights of the Child states that children facing criminal charges have a right to have the matter determined without delay but our youth justice system does not currently facilitate this. I know the Department is aware of the issue and that there are various actions within the latest youth justice strategy targeting the minimisation of these delays but the young people and young adults at present interacting with the youth justice system cannot wait until 2027.

I ask for an update on the impact of the youth justice strategy on waiting times. I know that we are only in year 2 of the strategy but we need to provide reassurance to those impacted by delays. The strategy promised to establish a national governance and strategy group to guide its implementation but I am unclear as to whether this has been achieved. If it has, what is the make-up of the group's membership? A mid-term review is promised in the third year of the strategy's lifetime but, without the ongoing oversight of a governance and strategy group, the strategy risks repeating the same mistakes.

Community representatives have tentatively welcomed the 2021 youth strategy but they are not without concerns because history has shown that many of our young people have not received the investment and attention they require. In budget 2021, €6.2 million was allocated to interventions under the youth justice strategy. I notice the same figure has been referenced in respect of funding for youth diversion projects. While greater investment in youth justice is welcome, there needs to be a clear delineation between the work of youth diversion projects, which are overseen by An Garda Síochána, and the work of the community-based youth organisations. The solutions to the problems at the heart of youth justice lie within the communities affected by them.

There are a number of specific areas covered by the youth justice strategy that I would like to get some clarification on today. The first is the issue of the offence committed as a minor being dealt with as an adult. If young people turn 18 while awaiting the conclusion a particular charge, they lose the protections offered by the Children Act 2001, including the right to anonymity. In addition, if handed down a custodial sentence, they will be detained in an adult prison for a crime they committed as a child. The youth justice strategy suggests that an amendment to the Children Act could be considered so that its provisions could apply to the processing of an offence with reference to age at time it is committed irrespective of the age of the young person when the case actually comes to court. Has this suggested amendment been advanced at all?

I have heard some anecdotal reports from youth workers that some young people committing first-time offences involving the possession of small amounts of drugs are being charged as a first port of call rather than being referred to a juvenile liaison officer, JLO. This completely contradicts the Government's commitment to a health-led approach on drug use. The youth justice strategy advises that the Department should prioritise research, discussion papers and pilot initiatives on the prevalence and impacts of trends on issues such as drug use. Will the Minister of State clarify where we are in that process? I strongly believe that we need to view and respond to drug use in a very different way than we currently do. We cannot right all the wrongs of the past but we can chart a very different path for our children and young people. I would welcome clarification from the Minister of State as to how the youth justice strategy will support this journey. I thank the Minister of State again for her time. I look forward to her response.