Rónán Mullen (Independent) | Oireachtas source

A couple of years ago, there was talk of bringing the Seanad on tour but there is really no need because it lands in every town and village in Ireland sooner or later. I acknowledge what Senator Chambers said about the issue of women's health and Fianna Fáil's proposals in that area. I commend Fianna Fáil on its focus on that area. I might say a bit more about that tomorrow. However, I plead that the issue of women's health always be pursued in the way that brings the maximum number of people on board because it is too important to be made sectoral. I sometimes worry that people of goodwill are left wondering what is being imported into the concept. Sometimes it is things that have very little to do with women's health and, sadly, everything to do with the death of the unborn, which is a different issue completely and has to do with the health of the unborn child. It is an important issue but I ask that we keep everybody on board and focus on the things that unite us. As I said, the issue is too important to be made controversial in the way it sometimes is.

The issue I wanted to raise today relates to another area that touches on young people's health and welfare. I refer to the fact that, in criminal prosecutions, a child who commits an offence when under the age of 18 but who is charged and tried after reaching the age of majority is sentenced as an adult. That is bizarre when you consider that the Children Act 2001 provides a range of protections for juvenile offenders that aim to prevent young people from having criminal records wherever possible. Where these circumstances arise, the persons involved are sentenced as adults. Delay in the system is what is causing them to be charged and tried as adults, thereby losing the protections of the Children Act. I will quote Mr. Justice Simons who, in a High Court judgment in 2020, said that the qualifying criterion is "the age of the accused as of the date of the trial" rather than the date on which the offences were supposed to have occurred. All that is left then is judicial discretion and the possibility of judges giving lighter sentences. There are none of the protections of the Children Act and no sentencing guidelines in such cases. What are the consequences of this? We all know that having a criminal record as a child is very different from having one as an adult. The latter is very serious and follows people throughout their lives. There is a gap in the law, a failure that causes people to have adult criminal records they should not have. In Britain, this issue has been addressed through guidelines backed by legislation.

I ask the Leader whether we could get this issue on the agenda as soon as possible. Does she agree that the delays in prosecuting offences are having a negative impact on society, trust in the system and the welfare of young offenders, who should be given a second and even a third chance? Should this gap in the law not be closed? I know we are at the end of term but can we have the Minister for Justice in as soon as possible to address this matter with us?