Willie O'Dea (Limerick City, Fianna Fail)
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1550. To ask the Tánaiste and Minister for Justice and Equality if he plans to amend section 93 of the Children Act 2001 to enable a person who has been convicted of a crime while under the age of 18 to be publicly identified when they reach the age of 18; and if he will make a statement on the matter. [19195/25]

Willie O'Dea (Limerick City, Fianna Fail)
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1551. To ask the Tánaiste and Minister for Justice and Equality if he plans to amend section 53 of the Children Act 2001 in relation to an act carried out by a person under the age of 12 years which would be a crime but for section 52 of the Act, as the procedure set out in the Act for how the person committing the act is supposed to be dealt with is extremely vague; and if he will make a statement on the matter. [19196/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 1550 and 1551 together.

Statutory provision in relation to the age of criminal responsibility in the State is set out in section 52 of the Children Act 2001 (as amended). The Criminal Justice Act 2006, which amended the Children Act, effectively raised the age of criminal responsibility from 7 years of age to 12 years of age and provided in general that children under the age of 12 years may not be charged with an offence.

The Children Act includes provision to prosecute children aged 10 to 11 but only for the most serious crimes which are specified in the Act. This provision has never been used. Children aged 12 and 13 can be prosecuted but only with the consent of the Director of Public Prosecutions and for the most serious crimes.

There is a further safeguard in the legislation whereby the court has the power to dismiss a case against a child under 14 years of age if "having due regard to the child's age and level of maturity, it determines that the child did not have a full understanding of what was involved in the commission of the offence".

As part of the Youth Justice Strategy 2021-2027, my Department reviewed the age of criminal responsibility and decided on no change. There are no current plans to review the age limit further.

Additionally, there are no plans to amend the legislation to allow a person who has been convicted of a crime as a child to be publicly identified when they turn 18. Anonymity for child offenders is an important tool that affords these children the opportunity to become active and productive members of society. The need to treat child offenders differently from adult offenders is well-recognised and is an obligation under international and national law.

The United Nations Committee on the Rights of the Child (the “UN Committee”), has stated that “child justice systems should also extend protection to children who were below the age of 18 at the time of the commission of the offence but who turn 18 during the trial or sentencing process.”

This reflects the accepted standard that young people are, by virtue of their inherent psychological and neurobiological immaturity, not as responsible for their behaviour as adults and therefore, are less morally culpable. Among the reasons for treating children differently is their capacity for rehabilitation as young persons; anonymity aids this process. It is in the public interest to rehabilitate child offenders so that they can get the chance to turn their lives around and contribute to and participate fully in society.

Last year, the Government approved the General Scheme of the Children (Amendment) Bill 2024. The main objective of the Bill is to amend the Children Act 2001 to address issues and gaps that have arisen in the two decades since its enactment. This includes proposals:

• To provide for alternatives to suspended sentences for children;
• To ensure that community sanctions can be enforced once the child turns 18 years of age;
• To set the age of eligibility for procedural entitlements under the 2001 Act to the age a person was when the alleged offence was committed and not the age the person is at the time of the trial. This includes the entitlement to anonymity.
• To provide for miscellaneous matters that relate to the administration of youth justice, including repeal of orders which are no longer utilised by the courts and changes to the Board of Management of Oberstown.