Written answers

Tuesday, 7 April 2009

Department of Justice, Equality and Law Reform

Legislative Programme

11:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 184: To ask the Minister for Justice, Equality and Law Reform if he has proposals to provide for liability or responsibility on the part of parents for the wrongdoing of their children; and if he will make a statement on the matter. [14661/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, 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 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.

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 courts.

There are, currently, no proposals for additional measures in this regard.

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