David Stanton (Cork East, Fine Gael)
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Question 309: To ask the Minister for Justice, Equality and Law Reform with reference to the Children Act 2001, the community sanctions which have been implemented to date; when they were implemented; the community sanctions which have not been implemented; when these sanctions will be implemented; and if he will make a statement on the matter. [16481/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Children Act 2001 is complex and comprehensive legislation and, for those reasons, provisions under the Act are implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Act lies with the Departments of Justice, Equality and Law Reform, Education and Science, mainly in respect of juvenile offending, and Health and Children in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross-departmental aspects of its implementation.

It was envisaged at the time of enactment that the provisions of the Act would be implemented on a phased basis. The community sanction provisions are largely a matter for the probation and welfare service to implement. Provision is being made by the probation and welfare service to allow for the commencement on a phased basis of the remaining sections of the Act relevant to it.

Regarding community sanctions, Part 9, sections 115 to 139, inclusive, young offenders coming before the courts may be placed under the supervision of the probation and welfare service in accordance with section 2 of the Probation of Offenders Act 1907 or section 3 of the Criminal Justice (Community Service) Act 1983 for those aged 16 years or over. Since May 2002, a restriction on movement order, sections 133 to 136, may be imposed. In addition, since July 2004, courts can order that a family conference be arranged by the probation and welfare service with all interested parties in a case so that an action plan can be drawn up in the individual case. The child concerned must have acknowledged his or her culpability and the action plan must come back to court for approval. If the child complies with the elements of the action plan, the court may, at the end of the period covered by the plan, dismiss the charge or charges.

Regarding parental supervision orders, Part 9, sections 111 and 112, it is envisaged that parental supervision orders will be commenced on a pilot basis later this year. In addition to sourcing relevant programmes, for example drug abuse intervention, budgeting, etc, probation and welfare service staff have attended training which will enable them to deliver a parent training programme for parents of young offenders under supervision.

Regarding mentor family support orders, Part 9, sections 131 and 132, a pilot mentor project is due to commence shortly in the north Dublin area. The programme will serve as a model for the development of the mentor family support order. Recruitment of staff for this new and innovative project has taken place with the employment of a co-ordinator and administrator. It will recruit volunteers who will act as mentors to young people who have been before the courts and are under the supervision of the probation and welfare service.

Other provisions under the Act require capital investment prior to commencement for buildings, equipment and expanding programmes. Work is already under way regarding some of these provisions. Under the day centre order, Part 9, sections 118 to 123, inclusive, a new probation office is due to open in Cork shortly. It will have provision for meeting the requirements of the day centre order. The development of a similar provision for the Tallaght area has been incorporated into plans for the new Tallaght probation and welfare service office, expected to be completed in 2006.

In Dublin, a project funded by my Department through the probation and welfare service, is located in Finglas. It will, subject to capital investment, be suitable as a day centre and will provide assessments for courts. Under the probation (training or activities programme) order, Part 9, section 124, the probation and welfare service has identified programmes already being funded through the service that meet its requirements under this sanction. In addition, the service is also working toward the development of additional facilities suitable for use in this community sanction.

Regarding the probation (intensive supervision) order, Part 9, section 125, preliminary meetings have taken place to explore the feasibility of establishing two pilot intensive supervision programmes in Cork and Dublin, utilising existing intensive probation supervision projects. Preparatory work is ongoing in this regard.

It is envisaged that probation (residential supervision) orders under Part 9, sections 126 and 127 will commence later this year. A document has been prepared outlining standards for probation and welfare service funded hostels. In preparation for meeting these standards, staff of hostels will require training and development. Work is under way to identify suitable training which will meet these needs and training will be organised for staff over the coming months. In addition Cork probation hostel is being extended and refurbished to meet the required standards and is expected to re-open shortly.

Suitable person (care and supervision) orders under Part 9, sections 129 and 130 will require the same rigorous recruitment, screening and training elements as outlined in the standards on practices and procedures in foster care. Suitable persons will have to be recruited and trained. Work on implementation of this order is expected to commence early next year. The dual orders, Part 9, sections 137 to 139, inclusive, will be developed, on a phased basis, as day centres become available.