Written Answers. - Parliamentary Debates - Houses of the Oireachtas

475 Questions— 22 February 2005. Written Answers 476Children Act.316. Mr. J. O’Keeffe asked the Minister forJustice, Equality and Law Reform the exactsections and provisions of the Children Act 2001that have not commenced; if he will give a proposeddate for their commencement. [5921/05]Minister for Justice, Equality and Law Reform(Mr. McDowell): The Children Act 2001 is a verycomplex and comprehensive piece of legislationand, for those reasons, provisions under the Actare being implemented on a phased basis, as wasenvisaged at the time of enactment.Responsibility for implementing the ChildrenAct 2001 lies with three Departments, theDepartments of Justice, Equality and LawReform and Education and Science mainly inrespect of juvenile offending, and the Departmentof Health and Children mainly in respect ofchildren who are non-offending but out of control.The National Children’s Office is co-ordinatingthe cross-departmental aspects of the implementationof the Act.Three main areas of the Act for which I haveresponsibility remain to be brought into operation.These concern the age of criminal responsibility,community-based options, and the provisionof children detention centres for 16 and 17year old offenders.The first commencement order under the Actin respect of my Department was signed by mypredecessor on 23 April 2002. This order, whichcame into force on 1 May 2002, brought intooperation a wide range of provisions, includingPart IV — diversion programmes, including theGarda restorative justice provisions, most of PartVI — treatment of child suspects in Gardastations, Part VII — Childrens Court, Part XII —child protection measures.Among the other provisions which werebrought into operation on 1 May 2002 were thepayment of compensation by parents in respectof offences committed by their children — section113 of the Act, a court order which would requireparents to exercise proper and adequate controlover their children — section 114 of the Act, andrestriction on movement order.I signed the second commencement orderunder the Act on 29 July 2004. This order broughtinto operation the remaining restorative justiceprovisions. Restorative justice is a philosophicalframework which considers the ways in whichcrime harms relationships in the context of thecommunity. It is a way of dealing with victims andoffenders by focusing on the settlement of conflictsarising from crime and resolving the underlyingproblems which cause it.The family conference which was placed on astatutory basis on 29 July 2004 is convened by theprobation and welfare service and the conveningof the conference is directed by the court whereit considers that the preparation of an action planwould be desirable in an individual case.A pilot programme for the mentor — familysupport — order is due to commence shortly.Pilot programmes of parental supervision ordersare also being developed and are expected to beintroduced later this year.The following tabular statement outlines thesections of the Children Act 2001 which have notyet been fully commenced in so far as my Departmentis concerned.Children Act, 2001Part Section Description6 59 Notification to Health Board61(1)(b)Interviewing children8 77 Referral of case to Health Board88 Remand in Custody9 96 Principles relating to exercise of criminal jurisdiction over children97 Construction of certain reference98 Orders on finding of guilt99 — 107 Probation Officer and other reports111 — 112 Parental supervision115 — 132 Community sanctions137 — 139 Other aspects of community orders140 -147 150-153 Detention provisions154 Amendment of the Criminal Justice (Community Service) Act, 1983155 Punishment of certain indictable offences156 Restriction on punishment of children13 259 Duties of probation officers262 Delegation by principal probation & welfare officer263 Temporary accommodation of children265 Right of appeal