Jonathan O'Brien (Cork North Central, Sinn Fein)
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129. To ask the Minister for Justice and Equality her plans to develop a strategy for young adults from 18 to 24 years of age in conflict with the law. [9903/17]

Jonathan O'Brien (Cork North Central, Sinn Fein)
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131. To ask the Minister for Justice and Equality her plans to extend Garda youth diversion programmes to young persons aged up to 24 years of age. [9905/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 129 and 131 together.

As the Deputy will be aware from answers to similar previous questions in 2016, it is stated in the Programme for Government that the Government supports, inter alia, the expansion of Garda Youth Diversion Programmes for young people promoting restorative justice. This commitment follows on from the recommendation of the Penal Policy Review Group that a programme similar to the existing Diversion Programme for persons under eighteen years of age, be introduced for young people above the age of eighteen years, with an initial focus on eighteen to twenty one year olds. The Review Group recommended that the relevant Departments and agencies, including An Garda Síochána, should immediately consult in relation to the most appropriate and effective means of targeting this group within the context of current and future resources.

The Review Group did acknowledge that a Diversion Programme for eighteen to twenty one year olds would have resource implications for An Garda Síochána and the Irish Youth Justice Service. They also recognised that a greater focus on young offenders in this age cohort "would require a level of consultation and cooperation between Departments and agencies, as well as An Garda Síochána, comparable to the existing Diversion Programme". Importantly, the Review Group went on to say that "undoubtedly this would require a level of commitment in terms of resources, finances and cooperation that is undetermined".

Accordingly, the Irish Youth Justice Service continues to engage with An Garda Síochána in relation to the recommendation with a view to scoping out the detailed implications of introducing a Diversion Programme for young offenders over eighteen years of age, focusing in the first instance on offenders aged eighteen to twenty one years. This requires a detailed analysis of the nature and scale of offending by the age cohort concerned in recent years. This is necessary so that there is clarity in relation to the potential numbers that might be amenable to diversion should such a programme be established and operated on the same basis as the existing Programme. It is also essential to establish the potential resource implications for An Garda Síochána, in terms of the number of additional Juvenile Liaison Officers that might be required and the additional workload that would fall to the Director of the Diversion Programme and the Garda Youth Diversion Office. There would also be the potential implications for the Irish Youth Justice Service to be considered should that office's remit be extended, not least in terms of the management and oversight of likely additional expenditure to expand the current network of Garda Youth Diversion Projects to support the operation of a Diversion Programme for the age cohort involved.

As previously indicated, consideration must also be given to the outcome of the ongoing comprehensive review of the existing Diversion Programme which is being undertaken by a Group established by the Garda Commissioner. The outcome of that review will likely inform considerations relating to the establishment of a similar programme for young offenders over eighteen years of age. Other considerations could include how effective such approaches are in other jurisdictions where this age cohort is concerned.

The Deputy will therefore appreciate that while progress is being made in relation to the questions raised, the implications of introducing a diversion strategy for the age cohort concerned requires detailed and careful consideration so that there is full appreciation of its likely impact, both in terms of its effectiveness and on the agencies concerned.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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130. To ask the Minister for Justice and Equality the way in which her Department has upheld its role within goal 5 of the national policy framework for children and young people 2014–2020 in supporting effective transitions. [9904/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is probably aware, Transformational Goal 5 of 'Better Outcomes Brighter Futures, the national policy framework for children and young people 2014 - 2020', is concerned with supporting effective transitions. As such it makes reference to children and young people experiencing transitions in a range of contexts. These include children in transition from living at home to living in a care setting such as residential care or detention.

Commitment G33 under Transformational Goal 5 is to 'Bring a stronger focus on effective transitions, particularly within education, health, child welfare and youth justice services'. The Department of Children and Youth Affairs is the lead agency with responsibility for action in relation to this commitment. The Department of Justice and Equality is also identified as having responsibility for action in relation to the commitment having regard to its responsibilities in the youth justice area. The Department's role in this regard could arise in circumstances where children and young people are being released from detention in the Children Detention Campus in Oberstown and who become subject to Probation Service supervision after their release. It could also arise in circumstances where young people are transferred from the Oberstown Campus to the Irish Prison Service upon reaching their eighteenth birthday during the course of a custodial sentence in Oberstown.

The Deputy might wish to note that the Probation Service and Oberstown Children Detention Campus have an agreed protocol on working together. This protocol promotes coordinated collaborative practices between the Probation Service and Oberstown. It provides guidance on joint working with children and young people entering detention, in detention and preparing for discharge, including periods of early discharge. Similarly, the Irish Prison Service and Oberstown have developed a protocol which addresses information sharing and promotes co-ordinated and collaborative practices between both parties in the context of transfers of young people detained in Oberstown to the Irish Prison Service as referred to above.

Accordingly, the role of the Department of Justice and Equality in relation to Transformational Goal 5, is reflected well in the collaborative approaches and practices of the Probation Service and the Irish Prison Service in their dealings with the Oberstown Children Detention Campus where children and young people transitioning from detention to other settings is concerned.