Seanad debates

Wednesday, 31 January 2024

Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023: Second Stage

 

10:30 am

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister of State, Deputy Browne, to the House. I welcome this very important piece of legislation. I am taking it on behalf of my colleague, Senator Robbie Gallagher, who unfortunately is indisposed at the moment. Approximately 1,000 children under the age of 17 are constantly at risk of being recruited and used by criminal networks throughout the country, according to a national survey of Garda juvenile liaison officers, carried out in 2020. A 2019 study of drug dealing and organised crime in Dublin's south inner city found that children as young as 12 were being lured into gangs. Dr. Sean Redmond, adjunct professor of youth justice at the University of Limerick and principal investigator for the Greentown project, which I will come to in a few moments, estimated that approximately a thousand children throughout the State are engaged in, or at risk of engagement with, a criminal network. From a child protection perspective, Dr. Redmond says, these children are clearly being exploited by adults. From a law enforcement perspective they appear to commit a significantly disproportionate amount of youth-related crime.

The Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023, which is before us today, will give An Garda Síochána the power to intervene locally to prevent offences from taking place. For the first time, specific offences will be created in cases where an adult compels, coerces, induces or invites a child to engage in criminal activity. These additional powers will be on top of the provisions in current law where an adults who causes or uses a child to commit a crime can generally be found guilty as the principal offender, meaning they can be punished as though they committed the crime themselves. I welcome that, and the fact that the age limit is being set at 18. That is very important. It is distinct from the law in Australia to which the Minister of State referred, in which the age is 21 years of age. That, in my opinion, is far too high.

The Greentown project, which fed into this legislation, is a very important project in operation through the University of Limerick. I am sure Senator Gavan may elaborate more on it. The project is an evidence-informed, design-led, targeted community intervention which aims to reduce the influence of criminal networks on children. The programme’s objectives are to reduce network capability for recruiting children to commit crime and to provide an exit route for children who are already engaged or embedded in crime. The Greentown project is informed by a significant evidence base which includes multiple primary studies, evaluation findings and deliberation with international academics in the areas of organised crime and national experts in the areas of youth justice, child welfare, policing and community development.

For young people who unfortunately are recruited by these gangs, engage in criminal behaviour, find themselves before the courts and are convicted, this conviction can alter the course of their lives forever, damaging employment and educational opportunities, travel prospects, social connections and overall leading to more negative life outcomes. Unfortunately, we all know too many young people like that. I hope this piece of legislation will send a strong message to communities that grooming children into criminal activity is not acceptable and will be tackled by this legislation.

I acknowledge the efforts made in the past to introduce legislation such as this by my colleague, Minister of State, Deputy Anne Rabbitte. She introduced a Private Members’ Bill in Dáil Éireann along similar lines to this Bill in 2018. I just want to acknowledge that in this House today. As mentioned by my colleague Senator Seery Kearney, there is a terrible lack of community facilities such as playing grounds for sports, swimming pools, gymnasiums and so on in our main urban areas. Thankfully, in the countryside where I come from, we are well catered for. That is because communities can come together and fight for themselves and the space is available. Communities outside of the main urban areas are empowered to get these facilities for themselves. The space is there to provide these facilities. That space is not always available in large urban areas and that lack can lead to temptation for young people who are not engaged in extra-curricular activities and, in many cases, who are not in education beyond primary school. They just disappear. That is where I want to pay tribute to programmes such as the Garda youth diversion programme which is a successful programme. The Minister of State has responsibility for that and has travelled throughout the country visiting such programmes, encouraging the work that goes on there, the leadership and the mentoring those programmes provide.

I also acknowledge the work that is carried out by all the voluntary and community groups in these areas, the volunteers who, on a daily and nightly basis, come out to try to assist the youth of their communities, in particular. I also acknowledge the work that is carried out by such programmes as the important Youthreach programme that has been in existence for the past 34 years. It caters for young people who, for one reason or another, dropped out of mainstream education. It affords them a second chance at education, a second opportunity at life skills and a second opportunity to progress with their lives in whatever field they find their strengths in. I have been involved in that programme from the outset. It was one of the first pilot programmes set up in Cavan town. In that time, more than 2,500 young people have gone through the doors of Cavan Youthreach. The vast majority of them got an excellent opportunity which turned their lives around. They have made major contributions to the communities they found themselves in over the years since the first Youthreach opened in Cavan. That is the story throughout the country.There are programmes to help young people and give them a second opportunity. All they need is the opportunity and the vast majority will grasp it.

I very much welcome the legislation. I hope it enjoys a speedy passage through the House. We look forward to the Minister of State’s comments at the end of the debate.

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