Mary Upton (Dublin South Central, Labour)
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Question 199: To ask the Minister for Justice, Equality and Law Reform the sanctions that are available when children under the age of 12 years are considered to be involved in unacceptable behaviour in a community; the supports that are available to the parents or guardians of such children; and if he will make a statement on the matter. [5926/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I presume the Deputy, in referring to "unacceptable behaviour" of children, means behaviour of a criminal nature. I wish to inform the Deputy that on 16 October 2006 the age of criminal responsibility was effectively raised from 7 to 12 years. This came into force under Part 5 of the Children Act 2001, as amended by the Criminal Justice Act 2006. Under the new provisions, no child under the age of 12 years can be charged with an offence. An exception is made for 10 and 11 year-olds charged with very serious offences, such as unlawful killing, a rape offence or aggravated sexual assault. In addition, the Director of Public Prosecutions must give consent for any child under the age of 14 years to be charged.

Section 53 of the Children Act sets out a series of clear steps which a member of An Garda Síochána should undertake when faced with a child under the age of criminal responsibility who commits an offence -

The Garda should take the child to its parent or guardian.

Where the Garda has reasonable grounds for believing that the child is not receiving adequate care or protection, the Garda shall inform the HSE of the child's name, address and age and the circumstances in which the child came to the attention of An Garda Síochána.

Where the Garda has reasonable grounds for believing (a) that there is an immediate and serious risk to the health and welfare of the child, and (b) that it would not be sufficient to await an emergency care order, the Garda may remove the child to safety.

Section 53(4) of the Children Act states that it is the duty of the HSE to apply for a care order or supervision order where it appears to the HSE that the child is unlikely to receive the care and protection it requires under the circumstances described above.

Mary Upton (Dublin South Central, Labour)
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Question 200: To ask the Minister for Justice, Equality and Law Reform if parents or guardians are legally responsible for the unacceptable behaviour of their children; the actions that will be taken; the supports that will be provided to prevent or reduce incidents of such behaviour; and if he will make a statement on the matter. [5927/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I presume the Deputy, in referring to "unacceptable behaviour" of children, means behaviour of a criminal nature. I wish to inform the Deputy that the Children Act 2001, as amended, provides for a number of measures in relation to parental responsibility in respect of children aged 12 to 17 who are found guilty of offences or who are involved in anti-social behaviour. With regard to children under 12 years of age, I would refer the Deputy to my reply to Parliamentary Question No. 199 today.

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 judiciary.

In addition, Part 13 of the Criminal Justice Act 2006 introduced new measures with effect from 1st March 2007 to tackle anti-social behaviour of children through a civil process. These measures provide that when a Garda becomes aware of anti-social behaviour, the Garda may issue a behaviour warning to the child. Failure to obey the warning may result in a good behaviour contract being made involving the child, their parent(s) or guardian and the Gardaí. If a contract is broken or if it is not working, it can be renewed or, an application can be made to the Children Court for a Civil Behaviour Order. In addition to the Order, the court may also make a plan for the child to be supervised by their parents or guardian.