Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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92. To ask the Tánaiste and Minister for Justice and Equality if there has been a recent review of the Garda youth diversion project as a model; if not, if he will examine same; if there is potential to extend it to petty offenders over 18 years of age; and if he will make a statement on the matter. [51735/17]

Charles Flanagan (Laois, Fine Gael)
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I take it that the Deputy is referring to the Garda Youth Diversion Programme, the operation of which is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs).

As the Deputy will be aware, the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that any young person who is responsible for committing a crime must be considered for admission to the Diversion Programme. The Diversion Programme has been very successful in its primary purpose of diverting young offenders away from the criminal justice system.

With regard to mechanisms for review, a Committee to review the effectiveness of the Diversion Programme reports annually, as is provided for in section 44(6) of the Children Act. More broadly, a Group was established by the former Garda Commissioner to undertake a comprehensive review of the existing Diversion Programme, and its report is awaited. In addition, I am advised that following on from work by the Garda Professional Standards Unit (GPSU), a comprehensive review is being undertaken of all youth referrals under the Diversion Programme between 2010 and 2017. I understand that a full report on the matter will be prepared for the information of the Acting Commissioner.

As the Deputy may also be aware, the Programme for Government supports the expansion of Garda Youth Diversion Programmes for young people. This follows on from a recommendation of the Penal Policy Review Group that a programme similar to the existing Youth Diversion Programme be introduced for young people above the age of eighteen years, with an initial focus on eighteen to twenty-one year olds.

I am advised that there is ongoing engagement between the Irish Youth Justice Service and An Garda Síochána, with a view to scoping out the implications of introducing an extended Diversion Programme. Part of this work involves an analysis of the nature and scale of offending by persons in that age cohort. The outcome of the reviews of the existing programme, to which I have referred, will also be considered in this regard.