Mick Wallace (Wexford, Independent)
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159. To ask the Minister for Children and Youth Affairs if he is satisfied that detention for children is used, only in cases of last resort, as mandated in the Youth Justice Action Plan 2014 -2018; and if he will make a statement on the matter. [7753/15]

James Reilly (Dublin North, Fine Gael)
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The youth justice system has to be considered in its entirety, from the Garda Youth Diversion Programmes, through to the Children's Court, the Probation Service and the Children Detention Schools. The principles of the Children Act 2001 include that detention should be imposed as a last resort and may only be imposed if it is the only suitable way of dealing with the child, and that the various areas in the youth justice system apply a series of 'filters' or tests in each case. In examining each case, it is important to note that it is not a simple question of choice between the Diversion Programme, community sanctions and detention.

The first main filter is the Garda Diversion Programme, which at different stages and depending on the seriousness of the offence, may involve the informal caution (without supervision) and the formal (supervised by a Garda Juvenile Liaison Officer) caution, including possible involvement with a Garda Youth Diversion Project. The second main filter is provided by the non-custodial sanctions available to the Courts, including dismissal under the Probation Act and unsupervised sanctions (e.g. fines, disqualification, peace bond, curfew etc.). The next stage involves the Probation Service's supervised sanctions (i.e. community service and other community sanctions). Finally, as a last resort, detention may be used.

I have on-going policy cooperation with the Minister for Justice and Equality regarding our shared goal to minimise the rate of juvenile offending under the Youth Justice Action Plan 2014 – 2018. The Minister for Justice and Equality has overall responsibility in the area of crime and anti-social behaviour and her Department funds a range of community based responses to youth crime, in particular the Garda Diversion Programme and the Young Person Probation Community Projects. These programmes are specifically targeted at young offenders and those at serious risk of offending. Funding support of approximately €17m has been allocated by the Minister for Justice and Equality to this area in 2015. This budget has been maintained in recent years notwithstanding financial constraints.

In the year 2012, there were a total of 12,246 children referred to the Garda Diversion Programme and a total of 134 children either remanded or sentenced to a period of detention in the children detention schools. This would seem to indicate that when all children in contact with the criminal justice system are considered, detention is being used to a much less degree than non custodial options and the Garda Diversion Programme. However, I can assure the Deputy that I will continue to work with my colleague, the Minister for Justice and Equality in continuing to promote the use of non custodial options where appropriate in line with the objectives of the Youth Justice Action Plan.