Seán Ryan (Dublin North, Labour)
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Question 143: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the main proposals for dealing with child offenders following the raising of the age of criminal responsibility to 12; and if he will make a statement on the matter. [36276/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy is aware, amendments to the Children Act 2001, introduced in the Criminal Justice Act 2006, effectively raised the minimum age of criminal responsibility from 7 years to 12 years, in all but the most serious cases, and this provision was commenced on 16 October 2006.

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 the State to respond appropriately to their needs and behaviours.

In practical terms what 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; and no proceedings can be taken against a child under 14 years except by or with the consent of the DPP.

Where a member of An Garda Síochána has reasonable grounds for believing that a child under 12 years of age has committed an offence, the child is to be taken to a parent or guardian. If it is thought that the child is not receiving adequate care or protection, the member has a duty to inform the Health Service Executive and a care order may be obtained if required. An Garda Síochána and the Health Service Executive are in consultation on a set of guidelines around the practicalities of the implementation of the new provisions regarding children and the restriction on criminal proceedings against children. In addition, the amendments introduced to the Children Act 2001 by way of the Criminal Justice Act 2006 make provision for the admission of children aged 10 and 11 years of age to the Garda Youth Diversion Programme.

In respect of children who are 12 years of age and over the Children Act 2001, as amended, provides for the appropriate intervention of both care and sanction and I am confident that sufficient safeguards have been included to protect the interests of the child, the victim and society.

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. As the Deputy will be aware, I have also established an overarching executive office in my Department, the Irish Youth Justice Service, which will, as part of its overall remit, oversee the implementation of the Children Act 2001, as amended, and develop a wide ranging national youth justice strategy. 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.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 144: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the evidence necessitating the proposals made by him on 20 October 2006 in Limerick to reverse long standing democratic legal norms safeguarding due process. [36315/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I made a speech in Limerick concerning rebalancing criminal justice arose from concerns that the rights of the prosecution and the rights of the defence be evenly balanced. Having regard to the major changes which our society has undergone in recent years I consider that the principles underpinning our criminal justice system, while having largely served us well, were developed in a different era and would benefit from a robust examination to ensure that the proper balance is struck between the needs of the accused on the one hand and the needs of the victim and the community on the other.

As the Deputy may be aware I have set up an expert review group chaired by Mr Gerard Hogan, S.C. to progress these proposals. The terms of reference of the Balance in the Criminal Law Review Group are to examine issues affecting:

the right to silence;

allowing character evidence of an accused;

the exclusionary rule of evidence;

requiring the accused to outline the nature of his defence before or at the commencement of a trial;

re-opening new evidence;

nullifying an acquittal where there is evidence of jury or witness tampering;

"with prejudice" appeals in the case of wrongful acquittal;

extending alibi evidence rules to other analogous situations;

allowing submissions by the prosecution before sentencing;

modifying the rule in relation to hearsay evidence;

and any other proposals regarding criminal law, criminal evidence and criminal procedure that may come to the attention of the Review Group in the course of their examination of those issues.

I have requested the Review Group to report back to me by 1 March 2007. The Review Group is seeking submissions from interested parties and members of the public to assist it in its deliberations and has advertised for such submissions in the press. I understand the closing date for submissions is 5 January 2007.

Róisín Shortall (Dublin North West, Labour)
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Question 145: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he expects that the proposed new Immigration Bill will be published; his proposed legislative timetable for the Bill; if he intends to bring the heads of the Bill before the Joint Committee on Justice, Equality, Defence and Women's Rights; and if he will make a statement on the matter. [36280/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my reply to Parliamentary Question No. 160 of 3 October, 2006.