Written Answers. - Parliamentary Debates - Houses of the Oireachtas

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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
477 Questions— 22 February 2005. Written Answers 478Prison Service.317. Mr. J. O’Keeffe asked the Minister forJustice, Equality and Law Reform the amount ofmoney which has been expended in refurbishingthe Mountjoy Prison complex in the past tenyears. [5922/05]Minister for Justice, Equality and Law Reform(Mr. McDowell): The Mountjoy Prison complexincludes Mountjoy Male Prison, St. Patrick’sInstitution, the Dóchas Centre and the trainingunit. I am informed by the Irish Prison Servicethat the information requested by the Deputy isnot readily available. I have directed the IrishPrison Service to forward the informationrequested directly to the Deputy as soon aspossible.Registration of Title.318. Mr. Ellis asked the Minister for Justice,Equality and Law Reform if a land registry dealing(details supplied) will be expedited.[5934/05]Minister for Justice, Equality and Law Reform(Mr. McDowell): I am informed by the Registrarof Titles that this is an application for transfer ofall of folio which was lodged on 5 July 2004. DealingNumber D2004CS007245Q refers. I amfurther informed that a query issued to the lodgingsolicitor on 6 September 2004 and that areminder issued on 17 February 2005. On receiptof a satisfactory reply to this query, the matterwill receive further attention in the LandRegistry.Question No. 319 answered with QuestionNo. 304.Tax Code.320. Ms Shortall asked the Minister for Educationand Science if, in respect of the operationof section 50 tax relief for student accommodation,there is any conflict of interest on the partof third level institutions where they are the regulatorof the scheme and in many cases are providersof the scheme; and if she has any plans toreview this aspect of the scheme. [5914/05]Minister for Education and Science (MsHanafin): Third level institutions must work topromote the best interest and welfare of students.The role bestowed on them under the section 50tax scheme and the rationale for that role is consistentwith that objective. Their participatoryrole in providing accommodation is not incongruouswith their function of safeguarding and promotingthe best interest of students. There are noplans to review this aspect of the scheme.Capitation Grants.321. Ms Enright asked the Minister for Educationand Science if she has issued any guidelinesin respect of schools within the free educationscheme that levy a top-up fee on parents; if shehas considered the case of a school (detailssupplied) in this matter; and if she will make astatement on the matter. [5615/05]Minister for Education and Science (MsHanafin): Voluntary contributions by parents ofpupils in recognised primary schools are permissibleprovided it is made clear to parents that thereis no question of compulsion to pay and that, inmaking a contribution, they are doing so of theirown volition. The manner in which such voluntarycontributions are sought and collected is amatter for school management. However theircollection should be such as not to create a situationwhere either parents or pupils could reasonablyinfer that the contributions take on a compulsorycharacter.The school referred to by the Deputy has temporaryrecognition. All issues, including thematter of payment of fees, would be taken intoaccount in the context of consideration beinggiven to extending permanent recognition to theschool.It should be noted that capitation funding hasincreased significantly in recent years from \57per primary pupil in 1997 to \134 in 2005 and to\286 per pupil at second level.Special Educational Needs.322. Ms Shortall asked the Minister for Educationand Science the position regarding the provisionof special services for children withAsperger’s syndrome at St. Joseph’s secondaryschool in Fairview; and if she will make a statementon the matter. [5619/05]Minister for Education and Science (MsHanafin): My Department is actively engaged inpursuing the development of a second level programmefor children with Asperger’s syndrome onDublin’s north side. A letter outlining proposalsregarding the establishment of a unit for pupilswith Asperger’s syndrome has recently issued tothe school referred to by the Deputy.Schools Building Projects.323. Mr. F. McGrath asked the Minister forEducation and Science the proposals for a newschool (details supplied) in Dublin 9. [5621/05]Minister for Education and Science (MsHanafin): The long-term accommodation needsof the school referred to by the Deputy are beingassessed in the context of an overall review ofprimary educational infrastructure in the area inquestion. This assessment is taking into accountthe likely demand for primary school places inthe medium to long term and it will determinehow existing provision can be maximised to caterfor this demand. A decision on how best theaccommodation needs of the school in questioncan be met will be taken when this broader examinationhas been completed.
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