Eamon Ryan (Dublin South, Green Party)
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Question 29: To ask the Minister for Justice, Equality and Law Reform when the remaining provisions of the Children Act 2001 that have not been enacted will be brought into force; and if he will make a statement on the matter. [21611/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy will appreciate that 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 Children Act 2001 lies with three Departments: the Departments of Justice, Equality and Law Reform and Education and Science mainly in respect of juvenile offending; and the Department of Health and Children mainly 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 the implementation of the Act.

Three main areas of the Act for which I have responsibility remain to be brought into operation. These concern the age of criminal responsibility, community-based options, and the provision of children detention centres for 16 and 17 year old offenders.

As stated, it was envisaged at the time of enactment that the provisions of this Act would be implemented on a phased basis. The community sanction provisions are largely a matter for the probation and welfare service of my Department to implement. In line with this, 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.

Currently, young offenders coming before the courts may be placed under the supervision of the Probation and Welfare Service in accordance with: (i) section 2 of the Probation of Offenders Act 1907 (Probation Orders); or (ii) section 3 of the Criminal Justice (Community Service) Act 1983 — in the case of 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.

A pilot mentor project — sections 131 to 132 — 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.

It is envisaged that parental supervision orders — sections 112 to 113 — will be commenced on a pilot basis later this year.

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, the details of which are as follows. In regard to a 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 have been incorporated into plans for the new Tallaght probation and welfare service office which is expected to be completed in 2006. In regard to a 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 towards the development of additional facilities suitable for use. In regard to a 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. In regard to a 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. In regard to a suitable person — care and supervision — order — Part 9, sections 129 to 130 — this order 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; and regarding a dual order — Part 9, sections 137 to 139 — this sanction will be developed, on a phased basis, as day centres become available.

Under the Children Act, I, as Minister for Justice, Equality and Law Reform, will be obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts, either on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.

I advise the Deputy that the issue of the appropriate age of criminal responsibility is being considered in the context of implementing the remaining aspects of the Children Act 2001 and the review of youth justice services which is currently being finalised in this Department.