Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1631. To ask the Tánaiste and Minister for Justice and Equality if it has been brought to his attention that Section 144 of the Children Act 2001, while providing for the suspension of the whole or any portion of a period of detention, does not appear to provide a mechanism by which a suspended detention order can be reactivated in circumstances whereby an accused has breached the conditions of the suspension; and if he will make a statement on the matter. [20847/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Children Act 2001 provides the legislative framework for youth justice in Ireland. The Act provides for a criminal justice regime appropriate to the particular needs of children and facilitates their rehabilitation and reintegration into society.

In July 2024, the General Scheme of the Children (Amendment) Bill 2024 was published to address issues and gaps that have arisen in the two decades since enactment of the 2001 Act. This General Scheme was referred to the Justice Committee where it awaits pre-legislative scrutiny. One of the main objectives of the Bill is to provide for alternatives to suspended sentences for children.

Section 144 of the Act will be amended to provide for the deferment of a detention order only in circumstances where no place is available in a Children Detention Centre. The option to defer ‘for any other reason’ will be removed and will be replaced by a new sanction, namely a Deferred Sentence Supervision Order (DSSO).

A DSSO can be imposed if a judge deems that a sentence of detention is the appropriate penalty.

The judge can then defer the sentencing hearing for up to a year. During this time the child will be under the supervision of the Probation Service. If the child complies with the terms of their probation, then the judge can discharge the child at the deferred hearing. If the child fails to engage with the Probation Service, the judge can make an order for detention or, if the child turns 18 in the interim an order for imprisonment. If the child fails to comply with the order during the period of deferment, the Probation Service can apply to the court to have the order revoked.

The Bill also seeks to amend the provisions for community sanctions so that they are fully enforceable after the child turns 18 years old. These sanctions include: (1) probation orders, (2) intensive supervision orders, and (3) probation (training and activities) orders. The existing provisions for Detention and Supervision Orders will be amended so that the supervision element of the sanction can be fully enforced once a child turns 18. The court will be given flexibility to structure the order as the court sees fit.

Additionally, the Bill will 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. These entitlements include anonymity. Finally, the Bill will deal with related matters, including changes to the board of Oberstown.