David Stanton (Cork East, Fine Gael)
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Question 158: To ask the Minister for Justice and Equality the position regarding the responsibility and liability of parents for the misbehaviour of their children, in particular with regard to damage to property and general nuisance; the legislative provisions governing same; and if he will make a statement on the matter. [23991/12]

Alan Shatter (Dublin South, Fine Gael)
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I presume the Deputy, in referring to "misbehaviour" of children, means behaviour of a criminal nature or anti-social behaviour. 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.

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. It should be noted, however, that the imposition of any particular sanction referred to above on the parents or guardians of a child found guilty of an offence is a matter for the judiciary.

In addition, Part 13 of the Criminal Justice Act 2006 provides 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.

With regard to children under 12 years of age, Section 53 of the Children Act, as amended, sets out a series of clear steps which a member of An Garda Síochána should undertake when the Garda has reasonable grounds for believing that a child under the age of criminal responsibility has committed an offence. In the first instance the Garda should take the child to its parent or guardian or, if necessary, arrange for the child to be given into the custody of the HSE.