Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 141: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will justify his assertion that Irish public opinion supported an age of criminal responsibility of ten, and that the Irish public demanded that criminal prosecutions be pursued against 11 year old children who commit serious offences. [30690/06]

Martin Ferris (Kerry North, Sinn Fein)
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Question 194: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will reconcile the new provisions lowering the age of criminal responsibility for serious crimes from the age originally provided for by the Children Act 2001 with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, also known as the Beijing Rules, which advise against setting a low age of criminal responsibility. [30691/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 141 and 194 together.

Amendments to the Children Act 2001, introduced in the Criminal Justice Act 2006, will effectively raise the minimum age of criminal responsibility from 7 years to 12 years, in all but the most serious cases. In addition, proceedings against children under 14 years of age will require the consent of the Director of Public Prosecutions. These provisions will come into force on the 16th of October this year. Further provisions will allow the Court to dismiss a case against a child under 14 where it determines that the child did not have a full understanding of what was involved in the commission of the offence.

In response to Deputy Ó Caoláin's question, what I actually said was that public opinion in Ireland demanded that criminal prosecutions should be pursued against young people accused of homicide or sexual offences. In the preparation of the recent legislation on the matter, careful consideration was given to getting the balance right taking into account the vulnerability of young people and the consequential obligation on Government, supported by public opinion, to respond differently to their needs and deeds.

The Deputy will be aware that there have been cases in other jurisdictions where there have been murders by 11 year olds. There have been serious offences committed here by 11 year olds. Thankfully the number of cases is very small. However, I do not think it is satisfactory for victims that the only sanction is for the perpetrators to be referred to social services. In addressing serious youth offending there is an obligation on Government to provide strong law together with good programmes if they are found guilty.

The exceptions to the general age of responsibility of 12 years have been introduced for a number of good reasons. I do not believe that the original proposal in the 2001 Act, which would have given 10 and 11 year old children total immunity to being dealt with for the most serious offences on the statute book would be an acceptable situation. As well as that, the common law meaning of the age of criminal responsibility is the age of capacity to commit an offence, the offence per se is not available as a ground for intervention in relation to the child.

The changes to the age of criminal responsibility have removed the concept where a child under a particular age does not have the capacity to commit an offence. I think we can all accept that the age and level of maturity of a child may, in some cases, have an effect on his or her full understanding of what is involved in the commission of an offence. The amendments to the Children Act give the Court the power to consider this question on an individual basis for a child under the age of fourteen. Different children mature at different rates. The 2001 Act adopts an individualised approach which allows the Court to exercise discretion in determining in any particular case the child's understanding of what is involved in the commission of an offence.

In practical terms what all this means is that no child under 12 years of age can be charged with an offence apart from unlawful killing; a rape offence or aggravated sexual assault; no proceedings can be taken against a child under 14 years except by or with the consent of the DPP; and any case against such a child can be dismissed where the court determines that the child did not have a full understanding of what was involved in the commission of the offence.

If current trends continue it will be very rare that a child under 12 years of age will be charged with an offence and the reality is that not all children under 14 years of age will be charged or prosecuted.

By any standard what I have proposed is reasonable and positive. Section 4.1 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice does not define a minimum age of criminal responsibility. It requires that the age "shall not be fixed at too low a level" and that the "emotional, mental and intellectual maturity" of the child should be borne in mind.

I remind the Deputy that I am raising the age of criminal responsibility from 7, as it is at present, to 12 in almost all cases, effective from the 16th of October, 2006. I have also introduced specific provisions in respect of the age and maturity of the child, in accordance with the Beijing Rules.

The age of criminal responsibility is just one aspect of a much wider youth justice policy, the legislative framework for which is set out in the Children Act 2001. A substantial portion of this Act is already in force, I am happy to say replacing the somewhat dated 1908 Children Act. It is my intention, and that of my colleague the Minister for Children, to see the outstanding provisions of the 2001 Act implemented in early 2007. There have also been a number of other significant developments in the areas of youth justice recently. One of which was the establishment of the new Irish Youth Justice Service as an executive office of my Department last December. These along with other developments are already creating improvements in our youth justice system and delivering better outcomes for children who come into contact with the law.