Written answers

Tuesday, 24 June 2025

Department of Justice and Equality

Departmental Programmes

Photo of John BradyJohn Brady (Wicklow, Sinn Fein)
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620. To ask the Tánaiste and Minister for Justice and Equality in the case of youth diversion programmes for those aged 8 to 11 years old, who will be responsible for referring young people to the programme as they do not meet the minimum age of criminal responsibility; and if he will make a statement on the matter. [33700/25]

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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Through the Programme for Government and the Youth Justice Strategy 2021 - 2027, I am committed to improving outcomes for young people at risk of a life of criminality through investment in youth justice services. The Youth Justice Strategy is a whole of government plan to take a coordinated strategic and tactical approach to the full range of issues connected to children and young people at risk of coming into contact with the criminal justice system.

The Youth Justice Strategy commits to extending the remit of the Youth Diversion Project (YDP) network to provide dedicated Family Support, Early Intervention and Harder-to-Reach programmes throughout the State. These interventions seek to specifically target the immediate family members of participants, children aged between 8 and 11 years who are at risk of coming to the attention of law enforcement once they reach the age of criminal responsibility, and prolific young offenders presenting to YDPs and youth-related services with complex needs, respectively.

Youth Diversion Projects (YDPs) are community based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social and/or criminal behaviour.

YDPs receive referrals from a number of sources, including An Garda Síochána, but also from Tusla, schools and other community-based organisations. Young people aged between 8 to11 years old are not under Garda supervision but are working with the specialised youth service based in their local community that provides youth diversion services.

The current indications suggest that children who are selected for early intervention work on the basis that they are on a trajectory to coming under Garda supervision through a Juvenile Liaison Officer (JLO) during their teenage years, are not coming to Garda attention in later years. My Department will commission an evaluation of the early intervention work of the YDPs later this year to empirically evaluate the impact of this work.

Photo of John BradyJohn Brady (Wicklow, Sinn Fein)
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621. To ask the Tánaiste and Minister for Justice and Equality if he would consider raising the age for diversion programmes to 21 as part of probation conditions, in line with some other European Union countries; and if he will make a statement on the matter. [33701/25]

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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The Youth Justice Strategy 2021-2027 is a whole of government plan to take a coordinated strategic and tactical approach to the full range of issues connected to children and young people at risk of coming into contact with the criminal justice system.

The key principles underlining the Strategy are linked to the standards endorsed by the international community as required to uphold children’s rights and include; early intervention and preventative work; family support; diversion from crime; court processes and facilities; supervision of offenders; detention and reintegration; and support post release.

The Youth Justice Strategy commits to extending the remit of the Youth Diversion Project (YDP) network to provide dedicated Family Support, Early Intervention and Harder-to-Reach programmes throughout the State. These interventions seek to specifically target the immediate family members of participants, children aged between 8 and 11 years who are at risk of coming to the attention of law enforcement once they reach the age of criminal responsibility, and prolific young offenders presenting to YDPs and youth-related services with complex needs, respectively.

The statutory framework relating to young offenders (between the ages of 12 and 18 years of age) and inclusion in the Garda Youth Diversion Programme is set out in the Children Act 2001. The Act provides that where a young person under 18 years of age is responsible for committing a crime, the young person shall be considered for admission to the Youth Diversion Programme. In order for a young person to be admitted to the Programme, the child must take responsibility for their offending behaviour; agree to be cautioned by a Garda; and where appropriate agree to terms of supervision.

The Youth Justice Strategy includes actions to develop diversion-based responses for young adults aged 18-24. It should be noted that we are not seeking to replicate the statutory Garda Youth Diversion Programme for the 18-24 year old cohort, as different considerations apply in the case of young adults.

A discussion document for public consultation on diversion paths for young adults aged 18-24 was published in November 2022. My Department sought opinions on appropriate diversion processes for young adults aged 18-24 who come into contact with the criminal justice system. The Department then held two further public open policy consultation forums in November 2023 with feedback and responses examined and compiled for inclusion in new policy proposals.

One final stakeholder consultation took place on 27 February 2025, following which my officials will submit policy proposals to me for consideration.

Considerable progress has been made to extend the YDP network throughout the State. Two new YDPs have been approved for East Clare and North Tipperary. Once these new projects are up and running there will be full nationwide YDP coverage, ensuring any child who needs access to their service can get it, no matter what part of the country they are in.

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