Bernard Durkan (Kildare North, Fine Gael)
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Question 202: To ask the Minister for Justice, Equality and Law Reform the steps he has taken in the past three years to address the issue of juvenile crime with particular reference to the need for custodial or rehabilitative care; and if he will make a statement on the matter. [21797/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Government's approach continues to support the underlying principles of the Children Act 2001 — namely, that prevention through early intervention is desirable, that detention should be used a last resort and that diversion and community sanctions should be available and used wherever appropriate.

There is a well-acknowledged recognition of the need to join up strategy and operation of services for children, and this is reflected in the cross-cutting and interdependent nature of the Children Act 2001. The Act has established a sound statutory framework for a modern youth justice system, but I believe there is merit in reviewing the institutional and strategic environment in which it is to operate. To this end, I established a project team in my Department to examine the scope for rationalising and restructuring the delivery of the State's services in the area of youth justice.

The project team has consulted widely with the statutory bodies which are involved in the delivery of services to young offenders and to young people who are considered to be at risk of offending. The project team has consulted closely with the Departments of Education and Science and Health and Children, in particular. The team has also consulted with a broad spectrum of non-governmental service providers, community interests and other experts active in the youth justice sector. I expect the team to report to me shortly.

Due to the fact that the Children Act is a complex and comprehensive piece of legislation, its provisions are being implemented on a phased basis, as was envisaged at the time of enactment. The Act gives a statutory basis to the Garda juvenile diversion programme, when the relevant sections in Part 4 of the Act were commenced in May 2002. The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at the local level. Part 4 introduced the concepts of restorative justice, specifically restorative cautioning and restorative conferencing, to the juvenile diversion programme. 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 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.

Since May 2002, a restriction on movement order — sections 133-136 of the Children Act — 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 131-132 — 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 112-113 — 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, details of which are as follows. In regard to a day centre order — Part 9, sections 118-123 — 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 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. In regard to a dual order — Part 9, sections 137 to 139 — this sanction will be developed, on a phased basis, as day centres become available.

In addition, there are in existence a total of 64 Garda youth diversion projects. Funding of €5.471 million has been allocated to these and other related projects in the current year. The Garda authorities and I remain strongly committed to 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 turn in the process of maturing into young adults. Moreover, 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.