Nicky McFadden (Longford-Westmeath, Fine Gael)
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Question 395: To ask the Minister for Justice and Equality the legal position on parents' responsibility for minors who engage in anti-social behaviour; and his views on the apparent existence of a loophole that clears parents of such responsibility. [11424/11]

Alan Shatter (Dublin South, Fine Gael)
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The Children Act 2001, as amended, provides for civil proceedings to tackle anti-social behaviour by children. These provisions set out an incremental procedure for An Garda Síochána to address anti-social behaviour by children using a behaviour warning, followed by a good-behaviour contract, followed, where appropriate, by a behaviour order. The scheme is essentially part of the process to divert children from the formal criminal justice system and the intention was that behaviour warnings or good-behaviour contracts would themselves address the problem behaviour. In the event that they fail, the next stage is to consider the admission of the child to the Garda Diversion Programme which can involve supervision by a Garda Juvenile Liaison Officer. If admission to the Diversion Programme is not considered appropriate, a behaviour order may be applied for in the courts or, if criminal offences are involved, prosecution is a further option.

Parents or guardians are brought into this process by An Garda Síochána at all stages. It was never the intention that legal sanctions would be applied as part of a diversion process so the question of a loophole does not arise. In the event that the process results in the successful prosecution of a child, it is then open to the courts to apply various sanctions on parents or guardians as set out in Section 98 of the Children Act, as amended.

The Programme for Government makes clear the determination of this Government to tackle anti-social behaviour and the plague of low level crime that is so destructive of community life. The Programme includes a number of significant commitments which will impact on youth crime and on anti-social behaviour.

The Government will -

ensure that highly trained Gardaí are freed from administrative duties to concentrate on crime prevention and detection.

build on the existing community policing partnerships and forums to enhance trust between local communities and their Gardaí.

attach a higher priority to community policing in order to deliver higher Garda visibility, within available resources, in the neighbourhoods worst affected, and in particular;

give a special emphasis to alternative programmes for young offenders through extensions to the Juvenile Liaison Officer Scheme and the Diversion Programme, and

examine outcomes-based contracts with community organisations to help reduce re-offending by young people.

I will be considering the implementation of these measures in consultation with the Garda Commissioner and with my colleague the Minister for Children and Youth Affairs.