Mary Upton (Dublin South Central, Labour)
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Question 71: To ask the Minister for Justice, Equality and Law Reform the reason those provisions of the Children Act 2001, which were designed to help combat juvenile crime by ensuring that parents took responsibility for children involved in acts of crime and vandalism, have never been used in the seven years since the Act was passed, specifically sections 91, 111, 113 and 114; and if he will make a statement on the matter. [27049/08]

Dermot Ahern (Louth, Fianna Fail)
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The Children Act 2001, as amended, provides for a number of measures in relation to parental responsibility in respect of children involved in anti-social behaviour, and children found guilty of offences.

Section 91 of the Act provides that the parents or guardian of a child shall, be required to attend at all stages of any proceedings against the child for an offence, including family conference and failure to comply with a community sanction or any condition to which the sanction is subject.

Section 111 of the Act provides that in any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child's parents where it is satisfied that a wilful failure of the child's parents to take care of or control the child contributed to the child's criminal behaviour. This Section came into effect in July 2007 with necessary changes in the District Court Rules.

Section 113 of the Act provides that where a court is satisfied of the guilt of a child and that the appropriate way of dealing with the case is to make a compensation order, it may order that the compensation be paid by the parent or guardian of the child instead of the child.

Section 114 of the Act provides that a parent or guardian may be ordered by the court to enter into a recognisance to exercise proper and adequate control over their child. If the child is found guilty of another offence as a result of said parent or guardian failing to exercise such control, the parent or guardian would forfeit the recognisance.

It should be noted, however, that the imposition of any particular sanction referred to above on the parents or guardians of an offending child is a matter for the judiciary. The Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. It is therefore not open to the Minister to comment in any way in relation to how cases are conducted or outcomes arrived at. These are matters entirely for the presiding Judge and it would be inappropriate for the Minister to comment or intervene in such matters.

There are other interventions available under the Children Act 2001 which involve the parents of children who come into conflict with the criminal justice system. In this regard, I wish to draw the Deputy's attention to my answer to Question No. 132 (ref 27168/08) on restorative justice.