Cyprian Brady (Fianna Fail)
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I raise this matter to ask what plans the Department of Justice, Equality and Law Reform has for the future of the Garda youth diversion programme and whether it intends to maintain funding levels for various projects under its auspices. Over the past number of weeks, I have been approached by representatives of a number of projects, particularly on the north side of the city, who have concerns about funding. As the Minister of State, Deputy Parlon, is aware, these projects play a vital role in many inner city communities and it would be a shame, having brought them so far, to let them flounder. The problem seems to be a lack of commitment to ongoing funding with provision being made instead every three months. There are at least three projects in my area which are very uncertain about the future and do not know if they will continue to exist into the new year.

These projects are extremely valuable in addressing the continuing problems of alcohol and drug abuse by young people. The age profile of drug misusers in Dublin is falling dramatically. I saw one case recently involving a nine year old who was taking cannabis on a regular basis in the north inner city. This is the sort of thing we are up against and the projects in question play a significant role in dealing with the issues individual kids have. Many of them come from very tough family circumstances and these projects provide an outlet for them. In quite a number of cases, the diversion programme has been successful in preventing young children from travelling down the road of crime and drug and alcohol misuse. I am interested to hear the Minister of State's reply.

Tom Parlon (Laois-Offaly, Progressive Democrats)
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I thank the Senator for raising this issue to which I am responding on behalf of the Minister for Justice, Equality and Law Reform who has another engagement.

The Garda youth diversion programme was initiated in 1991 following a sudden outbreak of lawlessness in a number of communities involving street violence, public order offences, the unauthorised taking of cars and other criminal acts. These offences were committed mainly by young people and occurred in communities facing many problems. Youth diversion projects were established by the Garda Síochána following a process of consultation with local community interests and youth services providers. They reflect the Garda's commitment to a multi-agency approach to tackling crime and anti-social behaviour at community level. Projects are established in response to local crime problems with the objective of giving communities a degree of ownership in the tackling of the problems they face.

A management committee made up of local community representatives, local gardaí, probation and welfare service personnel and youth service providers is established to run each project. The local community is central to the operation of each project. To address local problems each committee is expected to come up with solutions which are specifically designed to deal with local issues. As a result, each project has developed its own individual style and local identity and each project is different, although all operate within the overall framework of guidelines set out, most recently guidelines launched by the Minister in May 2003.

The guidelines define the objectives of the projects as seeking to divert young people from becoming involved, or further involved, in anti-social and-or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda-community relations. Project activities include intervention programmes and prevention programmes. Intervention programmes are designed for the needs of specific groups — young people who have offended and are of risk of re-offending or young people who have been identified as being at risk of offending. Prevention programmes are broadly-based programmes directed at all young people within the target group.

Today there are in existence a total of 64 Garda youth diversion projects. Recent years have seen a dramatic increase in the number of these projects, from 12 in 1997 to 64 at present, a process made possible, in part, by funding under the National Development Plan 2000-2006. Following local consultations, the locations of the new projects were prioritised according to local needs by the Garda authorities, in conjunction with the Department. Funding of €5.318 million has been allocated to these and related projects in the current year.

The Garda youth diversion projects should be distinguished from the juvenile diversion programme. That programme, which has been in existence since 1963, was placed on a statutory basis by the Children Act 2001. The diversion programme is a package of measures for dealing with children under the age of 18 who commit an offence. Under the Act, where an offence is detected and the offender is a child, the child must be considered for inclusion in the programme. The director of the programme, who is a Garda superintendent appointed by the Garda Commissioner, decides on the suitability or otherwise of a child for inclusion in the programme. To be admitted to the programme, a child must be over the age of criminal responsibility and under 18 years of age, accept responsibility for the offence committed and consent to being cautioned and supervised. If the child is deemed suitable for inclusion, he or she will be given either a formal or informal caution and may be placed under Garda supervision. In certain circumstances the victim of the offence may be invited to attend the caution or a restorative caution may be held in relation to the child.

The main focus of the youth diversion projects is to challenge the antisocial or criminal inclinations of the young people concerned. They, their parents, community members, local gardaí and project co-ordinators are overwhelmingly of the view that the projects are beneficial. The Garda authorities and the Minister are strongly committed to the youth diversion projects and the principle and practice of diversion in the criminal justice system, a commitment warranted by consistent findings of national and international criminological research.

Although the Garda juvenile diversion programme and the Garda youth diversion projects are not appropriate for all juveniles or in all situations, they nevertheless provide an important intervention in the lives of those juveniles who have taken a wrong turning in the process of maturing into young adults. For example, research indicates that of all those formally diverted from prosecution, some 88% do not come to the attention of the Garda Síochána again by their 18th birthday.

Proposals made by the Garda Síochána to the Department on establishing projects are examined within the context of available resources. While the Minister cannot give any commitment as to future funding, I assure Senators that in the course of the Estimate negotiations now under way the Minister is committed to maintaining and, if at all possible, increasing the resources available to the projects.

Cyprian Brady (Fianna Fail)
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I thank the Minister of State for his reply.