Mary Upton (Dublin South Central, Labour)
Link to this: Individually | In context

Question 32: To ask the Minister for Justice and Law Reform his plans to increase investment in the probation service and enhance diversion programmes in respect of anti-social behaviour and minor public order offences; and if he will make a statement on the matter. [35388/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The Probation Service of my Department is the lead agency in the assessment and management of offenders in our communities. In common with the rest of the Civil Service the Probation Service is subject to the Government's moratorium on recruitment and promotion and its staff also have access to the Incentivised Career Break Scheme and the Incentivised Scheme of Early Retirement. Where vacancies do arise, the Probation Service is required to further prioritise its workload. When the Probation Service was restructured five years ago, increased emphasis was placed on working with higher risk offenders and juvenile offenders and in developing the Community Service system as an effective alternative to custody. These remain the priority areas for the Probation Service.

As the Deputy may know currently the most common non-custodial sanction used by the Courts is the imposition of a fine. Indeed, the recently enacted Fines Act, 2010 makes provision for the use of non-custodial options for the non-payment of fines such as Community Service in less serious cases. I am glad to tell the Deputy that my Department recently obtained Department of Finance sanction for recruitment to a number of priority, frontline posts in the Probation Service, by way of exceptions to the current Moratorium. This involves the recruitment of 8 Probation Officers and 3 Community Service Supervisors and follows on from the recent filling of 2 posts at Senior Probation Officer level. This current investment of staffing resources into the Probation Service is further evidence of the priority being given to the delivery of core frontline services. My Department and Probation Service management are keeping the situation under constant review to ensure that the resources at the disposal of the Service are managed as effectively and efficiently as possible.

More generally, in addition to the significant staffing levels working within the Probation Service, my Department provides funding - amounting to 31% of the total Probation budget for 2010 - to approximately 50 voluntary bodies to add value to the core work of the Service and to assist with the management of offenders in the community.

Turning to the issue of juveniles, tackling youth crime is a key priority for this Government. The Government's policy on youth crime is set out in detail in the National Youth Justice Strategy 2008-2010. This strategy is underpinned by the principles of the Children Act 2001, as amended. The approach adopted by the Government involves the deployment of Garda Juvenile Liaison Officers, Community Gardaí and the use of measures such as the Garda Diversion Programme, Garda Youth Diversion Projects, Young Persons Probation Projects, community sanctions and the incremental process of warnings, good behaviour contracts and anti-social behaviour orders, all of which attempt to confront youth crime and related behaviours in an incremental way, with detention as a last resort. I am not in a position to give an indication as to a possible increase in the level of investment in 2011 in diversion and community sanctions until the 2011 Estimates process has been completed.

With regard to the issue of anti-social behaviour, the Deputy will be aware that Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, which relates to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children.

With regard to adults, these include a behaviour warning and the making of a civil order by the Court. With regard to children, they range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and finally to the making of a behaviour order by the Children Court.

I am informed by the Garda authorities that, up to 30 September, 2010, 2,208 behaviour warnings have been issued to adults and 1,476 to children. Fifteen good behaviour contracts have been issued to children. Four civil orders (in respect of adults) and three behaviour orders (in respect of children) have been issued by the Courts. In setting up the regime the intention was that interventions short of a Court Order would address the problem behaviour. If they succeed, there will be no need to apply to the Courts. It is only if they fail to lead to a behaviour adjustment by the person in question, that a Court Order will be applied for. Given the small number of Court Orders which have been finalised (seven in all) compared to the number of warnings given, it would appear that this is in fact happening and that the Gardaí are exercising their powers under the legislation pragmatically and the option of a Court Order is very much a last resort.

I should also add that the most recently published Discussion Document of the White Paper on Crime series, 'Criminal Sanctions', included an examination of the use of non-custodial sanctions generally. Submissions on this Document were invited and in August 2010 my Department published reports of both the submissions received and a consultation seminar held in Dublin Castle on the 28 May 2010. The opinions received will all feed into the development of future policy in this field.