Martin Kenny
Question:988. Deputy Martin Kenny asked the Minister for Justice if her Department has received a completed report from a judge (details supplied) into the operation of the Garda Youth Diversion Programme [1111/25]
View answerWednesday, 22 January 2025
Questions (988)
Written answers
It has not been possible to provide a response at this time. I will write to the Deputy directly, when the information required is to hand.
The following deferred reply was received under Standing Orders.
I can inform the Deputy that the operation of the Garda Youth Diversion Programme is kept under review by An Garda Síochána and by my Department. This included examination, during the development of the Youth Justice Strategy, of all recommendations on youth justice issues that had been raised in previous reports or in discussion with stakeholders.
The Children Act requires that all child offenders be considered for diversion, with prosecution only for serious offences or prolific reoffending. The most serious offences are subject to a formal criminal investigation and are referred to the DPP, but it is important that each child is assessed, and each case is considered on the merits.
A key principle of the Garda Youth Diversion Programme is that the child accepts responsibility for the offence and participates on a voluntary basis. The statutory Youth Diversion Programme is supported by a network of Youth Diversion Projects (YDPs) to provide a range of supports and interventions, including training and mentoring. For interventions to be effective, the offender must want to change and the focus of the Garda Juvenile Liaison Officer (JLO) service and YDPs is on supporting a process of personal development, empathy and maturity.
The Youth Justice Strategy is nearing its midterm point. I am aware of questions that have been raised about the management of children who commit sex offences, in particular, and I have asked that An Garda Síochána and my Department work together with all other relevant agencies to examine the range of issues and recommendations that have been made in that regard and to report to me as soon as a review has been completed. This will include an examination of whether any changes in operations are needed to ensure consistency in management of serious offences and also whether any legislative amendments are needed.
The report referred to by the Deputy was commissioned by An Garda Síochána and not by my Department. I understand that a final version is currently being prepared within An Garda Síochána and will be published shortly.