Joe Carey (Clare, Fine Gael)
Link to this: Individually | In context

Question 209: To ask the Minister for Justice, Equality and Law Reform if an appeals process for the denial of a minor seeking admission to the Garda youth diversion programme has been established; and if he will make a statement on the matter. [11799/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The Diversion Programme operates in accordance with Part 4 (Sections 17-51) of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The Act provides that the programme be managed by a member of an Garda Síochána not below the rank of superintendent, who is assigned by the Commissioner to the role of Director of the Programme. A child may be considered for admission to the programme if s/he (a) accepts responsibility for his or her criminal or anti-social behaviour, having had an opportunity to consult his or her parents or guardian, (b) consents to be cautioned and, where appropriate, supervised by a Garda juvenile liaison officer and (c) is between 10 -17 years of age. The Act does not provide a mechanism to appeal a decision to deem a child unsuitable for the programme.