James Browne (Wexford, Fianna Fail) | Oireachtas source

On behalf of the Minister, Deputy McEntee, I thank Deputies for this interesting and constructive discussion on this important issue. In particular, I thank Deputies Mark Ward, Denise Mitchell and Martin Kenny for bringing their Bill forward for discussion. I acknowledge all of the work involved in doing so. The Minister and myself are concerned about children being lured into criminality from an early age.

The Department of Justice has been carrying out significant work on the development of policy and practice in this area. This includes the Department's long-standing support for the University of Limerick's ground breaking Greentown study. It is important to note that the national prevalence report shows that the issue at the centre of the discussion arises across the State in rural and urban settings. To deal with this problem, which has such a devastating impact on the lives of vulnerable children and on the lives of their family members, the Minister is developing legislation, which I outlined in my opening remarks, the criminal justice (engagement of children in the commission of offences) Bill 2022. This new law will target adults who coerce children into involvement in any form of criminal activity. By taking these reports to the Government, the Bill will better fulfil the overarching policy aim of targeting those who control criminality, without adversely affecting vulnerable children themselves. It is expected that the Government will publish this Bill before the end of 2022.

We recognise the intentions behind the Private Members' Bill and we commend the sponsoring Deputies on bringing forward such a positively intentioned Bill. We recognise that the grooming of children by criminal gangs is a serious matter, particularly where this results in their involvement in the sale and supply of drugs. However, as mentioned, there are some legal and policy issues with the proposed Bill as drafted. The prosecution of new offences involving children is not straightforward. There are frequently difficulties when it comes to applying these proposals in practice, especially where any witnesses are likely to be children or family members who may already be victims of coercion by the people who control the offences. All new legislation in this area must, therefore, be considered with great care. In many cases the people buying drugs from children are also children themselves. It would be unfortunate if proposals motivated by a desire to assist exploited children were to contribute to the criminalisation of other children who have perhaps themselves been coerced and exploited by criminal gangs. Given the way the Bill is drafted, there is no guarantee that its provisions would effectively target those who ultimately control the activities of children involved in the sale or supply of drugs. The unintended effect is that it risks further criminalising children already involved in criminality. It would make it more difficult for those children to find a way out of a life of crime.

Advice from the Attorney General's office has pointed out legal issues with the Private Members' Bill, which I have mentioned and will not repeat. I will, however, take this opportunity to reassure the House that the Government Bill, which is at an advanced drafting stage, does address the legal and policy considerations that have been raised in the Private Members' Bill. The Government Bill will not only address the involvement of children in the sale and supply of drugs, it will also address their engagement in any other form of criminal activity, while still protecting those children already involved in crime from further harm, by limiting the offence to adults.

I will conclude by reiterating my appreciation to the Deputies for seeking to address this serious issue, which is the cause of considerable and potentially lifelong harm to some of the most vulnerable children in our society. I am pleased to reassure the House that the criminal justice (engagement of children in the commission of offences) Bill 2022 will address this issue comprehensively and will be published in the coming months.

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