Róisín Shortall (Dublin North West, Labour)
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Question 388: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the sections and subsections of the Children's Act 2001 coming under the remit of his Department that have not commenced; and the date for their commencement. [29362/06]

Róisín Shortall (Dublin North West, Labour)
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Question 389: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the statutory instruments, including reference numbers signed by him under the Children's Act 2001; and if he will make a statement on the matter. [29364/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 388 and 389 together.

The Children Act 2001 is the primary statutory framework for the youth justice system. It adopts a twin-track approach — child welfare and youth justice — to addressing the needs of children who may be in need of special care or protection and offending children. Responsibilities under the Act span three relevant Government Departments: my Department and the Departments of Health and Children and Education and Science.

While it was always the intention that the Children Act 2001 would be introduced on a phased basis, given the scale and complexity of the issues involved, and significant new sections and amendments introduced by the Criminal Justice Act 2006, a considerable portion of the Act has already been brought into force by both the Minister for Justice, Equality and Law Reform and the Minister for Health and Children.

In relation to those provisions for which my Department has responsibility, Statutory Instrument (S.I.) 151 of 2002 commenced a range of provisions including provisions concerning the Garda Diversion Programme, the treatment of child suspects in Garda stations, the Children Court, child protection measures and some powers of the Court. S.I. 468 of 2004 commenced provisions in respect of family conferences. The Statutory Instruments list the sections and sub-sections commenced by them and copies follow for the information of the Deputy.

The provisions of the 2001 Act, as amended, which are under the remit of my Department, and which remain to be commenced, primarily concern the age of criminal responsibility, community sanctions and youth detention. While these matters come within my remit, it should be noted that functions under the Children Act 2001 have been delegated under S.I. 474 of 2002 to Mr. Brian Lenihan T.D., Minister for Children.

Provisions affecting the age of criminal responsibility have been amended by the Criminal Justice Act 2006 and will come into effect on 16 October 2006. The Criminal Justice Act 2006 amended a number of other provisions of the 2001 Act, primarily in respect of youth detention, responsibility for which will transfer from the Department of Education and Science to my Department. Preparations for the introduction of the new detention system are well underway. Significant work has also been carried out by the Probation Service to implement the community sanctions.

It is the intention of both myself and the Minister for Children to bring into force the remaining provisions of the Children Act 2001, as amended, in early 2007.

The table lists the sections and subsections which have yet to be commenced which come within the remit of my Department. The table also lists the new sections and amendments introduced by the Criminal Justice Act 2006 which await commencement.

STATUTORY INSTRUMENTS

S.I. No. 151 of 2002

CHILDREN ACT 2001 (COMMENCEMENT) ORDER 2002

Published by the Stationery Office, Dublin

To be purchased from the

GOVERNMENT PUBLICATIONS SALES OFFICE

SUN ALLIANCE HOUSE

MOLESWORTH STREET

DUBLIN 2

or through any bookseller

Children Act 2001 (Commencement) Order 2002

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 2(1) of the Children Act 2001 (No. 24 of 2001), order as follows:

1. This order may be cited as the Children Act 2001 (Commencement) Order 2002.

2. The 1st day of May, 2002, is fixed as the day on which the Act shall come into operation with reference to the following provisions and purposes:

(a) sections 3, 4 and 6, in so far as their commencement is necessary for the purposes of the other provisions which are being brought into operation, either generally or with reference to any particular purpose, by this order,

(b) Parts 4, 6, (excluding section 59 and section 61(1)(b) in so far as it relates to a representative of a health board) and 7,

(c) sections 89 to 92 and 94,

(d) section 93, in so far as it relates to proceedings before the Court against a child or in relation to a child under the provisions of Part 9 of the Act that are being brought into operation by this order,

(e) the definitions in section 95 of—

(i) "compensation order",

(ii) "district", for the purposes of sections 133 and 136, and

(iii) "district of residence" for the purposes of sections 134 and 136,

(f) section 97 and paragraphs (a), (b), (d) and (f) of section 98,

(g) section 98(g), in so far as it relates to an order under section 133,

(h) sections 108, 109 and 110 (except subsection (1)(b)(iii)),

(i) section 110(1)(b)(iii), in so far as it relates to an order under section 133,

(j) sections 113 and 114,

(k) section 115, in so far as it relates to paragraph (i),

(l) sections 116 (except subsection (1)(a)) and 117, in so far as they relate to an order under section 133,

(m) sections 133 to 135,

(n) section 136 (except the words "or another community sanction" in subsection (1)(a)(ii)),

(o) sections 138 to 140, in so far as they relate to an order under section 133,

(p) Part 12,

(q) sections 258, 260 (in so far as it refers to supervision by a juvenile liaison officer), 261 (in so far as it relates to an order under section 133), 264, 266, 267(1) and 269 to 271,

(r) Schedule 1,

(s) Schedule 27—

(i) in so far as it relates to the following enactments:

Vagrancy (Ireland) Act 1847,

Offences against the Person Act 1861;

Children Act (1908) Amendment Act 1910,

Courts of Justice Act 1924,

Criminal Law Amendment Act 1935, and

(ii) for the purposes of the repeal of the following provisions of other enactments specified in the Schedule:

the unrepealed portions of Part II, and sections 94, 96, 98 to 101, 102(1), 102(2), 111, 113 to 115, 121 and 123, of the Children Act 1908,

sections 24, 26 and 27 of the Children Act 1941,

section 4 of the Children (Amendment) Act 1957.

GIVEN under my Official Seal this 23rd day of April, 2002.

JOHN O'DONOGHUE

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Statutory Instrument brings into operation from 1 May 2002 certain provisions of the Children Act 2001 for which the Minister for Justice, Equality and Law Reform has responsibility. It also repeals provisions of the Children Act 1908 and other legislative provisions which now become obsolete.

STATUTORY INSTRUMENTS.

S.I. No. 468 of 2004.

CHILDREN ACT 2001 (COMMENCEMENT) ORDER 2004.

S.I. No. 468 of 2004.

CHILDREN ACT 2001 (COMMENCEMENT) ORDER 2004.

(a) Part 1 (other than section 5), sections 78 to 87, 267(2) and 268, and

(b) section 5, and Schedule 2, in so far as they relate to the provisions specified in the third column of the Schedule to this Order.

GIVEN under my hand, this 23rd day of July, 2004.

BRIAN LENIHAN,

Minister of State at the Department of Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The primary purpose of this Statutory Instrument is to bring into operation from 29 July 2004 the provisions of the Children Act 2001 which provide for the operation of the family conference that is convened by the Probation and Welfare Service on the directions of the Children Courts.