Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy will appreciate that the Children Act 2001 is very complex and comprehensive. As such, provisions under the Act are being implemented on a phased basis as envisaged at the time of its enactment. Responsibility for implementing the Children Act 2001 lies with the Departments of Justice, Equality and Law Reform, Education and Science and Health and Children. The Department of Education and Science is especially involved in addressing juvenile offending while the Department of Health and Children will mainly provisions in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the interdepartmental aspects of the implementation of the Act.

Three main areas of the Act for which I have responsibility remain to be brought into operation. These involve the age of criminal responsibility, community-based options and the provision of children detention centres for 16 and 17 year old offenders. The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April 2002. The order, which came into force on 1 May 2002, brought into operation a wide range of provisions including Part IV on diversion programmes including the Garda restorative justice provisions; most of Part VI on the treatment of child suspects in Garda stations; Part VII on the children's court and Part XII on child protection measures. Among the other provisions brought into operation on 1 May 2002 were section 113, dealing with the payment of compensation by parents in respect of offences committed by their children and section 114 which provides for a court order to require parents to exercise proper and adequate control over their children. We have also commenced the provisions on restriction on movement orders.

I signed the second commencement order under the Act on 29 July 2004 which brought into operation the remaining restorative justice provisions. Restorative justice is a philosophical framework which considers the ways in which crime harms relationships in the context of the community. It is a way of dealing with victims and offenders by focusing on the settlement of conflicts arising from crime and resolving the underlying problems which cause it. The family conferences placed on a statutory footing on 29 July 2004 will be convened by the probation and welfare service. The convening of a conference shall be directed by a court where it considers that the preparation of an action plan would be desirable in an individual case. A pilot programme for the mentor — family support — order is due to commence shortly. Pilot programmes for parental supervision orders are also being developed and are expected to be introduced later this year.

The following tabular statement outlines the sections of the Children Act 2001 which have not yet been fully commenced by my Department.