Bernard Durkan (Kildare North, Fine Gael)
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Question 330: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take to combat juvenile crime; if he intends to discuss this issue with the Ministers for Health and Children and for Education and Science; and if he will make a statement on the matter. [16503/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Children Act 2001 is a fundamental revision of the law governing the treatment of children in conflict with the law and non-offending children in need of special care and protection. The principal considerations behind the Act are prevention, through early intervention, is desirable; diversion, where a child has committed an offence, is the preferred option where society would not be adversely affected; community sanctions should be available where it is necessary to bring a child before the courts; and although appropriate in certain cases, detention for children should be a measure of last resort.

The Children Act 2001 is a complex and comprehensive piece of legislation and for those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Act lies with three Departments: Justice, Equality and Law Reform and 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 implementation of the Act.

As stated, it was envisaged at the time of enactment that the provisions of this Act would be implemented on a phased basis. In line with this, where my Department is concerned, 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 the probation and welfare service. The present position in this regard is as follows. In regard to community sanctions, Part 9, sections 115 to 139, 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 (Probation Orders) or section 3 of the Criminal Justice (Community Service) Act 1983 in the case of those aged 16 years or over.

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.

In regard to parental supervision orders, Part 9, sections 111 to 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 and abuse intervention and budgeting, 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 the mentor (family support) order, sections 131 to 132, a pilot mentor project is due to commence very 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. The programme 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, a new probation office which is due to open in Cork very shortly 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 which is expected to be completed in 2006. In Dublin, a project funded by my Department through the probation and welfare service, which is located in Finglas, will, subject to capital investment, be suitable as a day centre and will provide assessments for courts.

Regarding 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 the service requirements under this sanction. In addition, the service is also working toward the development of additional facilities suitable for use in this community sanction.

As regards 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.

Regarding the probation (residential supervision) order, Part 9, sections 126 to 127, it is envisaged that this section 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 this hostel is expected to reopen very shortly.

A suitable person (care and supervision) order, Part 9, sections 129 to 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 order sanction, sections 137 to 139, will be developed, on a phased basis, as day centres become available.

In the context of the implementation of the Children Act, there is room for some fresh thinking about the institutional framework by which services in the youth justice area are delivered. To this end I have set up a project team in my Department to examine the scope for rationalising and restructuring the delivery of the State's services in accordance with the Act in the area of youth justice, with a focus on the institutional and strategic environment.

The project team has consulted with the statutory bodies with responsibilities for the delivery of services to young people, whether they are offenders or at risk, and continues to engage closely with the Departments of Education and Science and Health and Children, in particular. The team has also met a wide range of non-governmental service providers and other experts in the area. I expect the team to report to me before the summer.

It is important to emphasise that the Government's approach continues to support the philosophy underlying the Children Act 2001, namely, that prevention through early intervention is desirable, that detention should be a last resort and that diversion and community sanctions should be available and used wherever appropriate. As regards the youth justice route, Part 4 of the Children Act providing for a diversion programme to replace the Garda juvenile liaison scheme was brought into operation in May 2002. The objective of the programme, which is administered by the Garda Síochána, is to divert any child who accepts responsibility for his or her criminal behaviour from committing further offences. It is implemented throughout the country by specially trained gardaí working as juvenile liaison officers. The programme introduced the concepts of restorative justice and family conferencing.

Garda youth diversion projects are crime prevention initiatives which adopt a multi-agency partnership approach to tackling crime and anti-social behaviour at community level. The role of the Garda youth diversion projects is to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the project.

Garda youth diversion projects seek to divert young persons 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. The number of projects has grown from 12 in 1997 to 64 at present, a process made possible in part by funding under the National Development Plan 2000-2006. The locations of new projects are decided upon by the Garda authorities in conjunction with my Department.

I am committed to the continuing development and, as resources permit, the expansion of Garda youth diversion projects. Proposals made by the Garda Síochána to my Department on establishing further projects are examined within the context of available resources. All applications relating to the establishment of further projects should follow the establishment process as set out in the Garda youth diversion projects guidelines which I launched in 2003. The 11 establishment guidelines give a clear structure to the application process from the initial expression of interest to the final submission of the proposal and cover issues such as the pre-establishment phase, consultation, memorandum of understanding, legal structure, co-ordinator's job description and catchment area.

A budget of €5.471 million has been provided for the Garda youth diversion projects and local drugs task force projects in 2005. It is expected that this amount will be required to meet the funding needs of the projects in operation. It is not envisaged that additional youth diversion projects will be established in the short term.