Dáil Éireann Debate, Thursday - 27 March 2025
331. Deputy Martin Kenny asked the Minister for Justice if he is aware that the committee appointed to monitor the effectiveness of the diversion programme ceased publishing anonymised national data on referrals made to the Garda Youth Diversion Programme for specific offence categories in its annual reports for 2021 and 2022, apparently due to data protection concerns raised by An Garda Síochána; and if he will make a statement on the matter. [14771/25]
View answer332. Deputy Martin Kenny asked the Minister for Justice if he is satisfied that the committee appointed to monitor the effectiveness of the diversion programme is fulfilling its statutory obligations under section 44 of the Children’s Act 2001 by reviewing all aspects of the Garda Youth Diversion Programme; if he is concerned that the committee has yet to publish annual reports for 2023 and 2024; and if he will make a statement on the matter. [14772/25]
View answerI propose to take Questions Nos. 331 and 332 together.
Section 44 of the Children Act, 2001 provides that a committee is appointed to monitor the effectiveness of the Diversion Programme.
The Monitoring Committee has since its inception produced annual reports on the basis of material provided by An Garda Síochána. I am informed by the Garda authorities that they are concerned that publication of disaggregated data, in situations where there are a small number of crimes in specific categories, could lead to individual children being identified. Decisions on the precise level of detail to be provided in the annual reports are a matter for the Garda authorities and I understand the concern on this point.
I am also informed by the Garda authorities that An Garda Síochána Analysis Service adhere to the highest standards for protection of personal data processed for law enforcement purposes, in line with the requirements the Data Protection Act 2018. Care is taken to ensure any information released for statistical purposes does not identify or make identifiable any data subject where it is not necessary to do so.
The annual reports for 2021 and 2022 have been laid before the Houses of the Oireachtas. The 2023 report has lately been received by my Department and will be published as soon as possible.
The Government’s Youth Justice Strategy 2021-2027 includes an objective to replace the existing Monitoring Committee with a more robust evidence-based system of reporting on the whole Youth Justice System, which would encompass much more than the Garda functions referenced in the Monitoring Committee Reports. The design of the new monitoring system was pursued as part of a strategic research partnership with the University of Limerick, guided by a cross-departmental Governance and Strategy Group chaired by the Department of Justice.
Replacing the existing Monitoring Committee required legislative change and provision has been made in the Policing, Security and Community Safety (PSCS) Act 2024 to delete the existing provisions in sections 44 and 45 of the Children Act which establishes the Committee.
The rationale for repealing sections 44 and 45 is that the general function of the existing Committee to monitor the effectiveness of the Garda Diversion Programme is now within the scope of functions of the new Policing and Community Safety Authority, as set out in section 122 of the PSCS Act. Research and policy advice to assess the effectiveness of the Youth Justice Strategy and the overall youth justice system will be provided by the Research Evidence into Policy Programmes and Practice Project (REPPP) in the University of Limerick, who are our strategic partners on youth justice issues.
Once these provisions have been commenced, a final report for 2024/2025 will be prepared and An Garda Síochána will continue to report annually on the operation of the Garda Youth Diversion Programme.
