James Browne (Wexford, Fianna Fail) | Oireachtas source

I recognise there is currently no power to suspend sentences for children and this is being addressed in the general scheme of the children (amendment) Bill 2024 that I previously discussed. As I mentioned, the general scheme was published in July. During the development of proposals in this general scheme, my Department consulted widely on this issue, including with the judiciary. The general consensus of those consultations was that suspended sentences are not appropriate for children. This is because the child is not given the opportunity to deal with their offending behaviour. International children's rights principles highlight the importance of children and youths being able to relate their offending action to its consequences. If a fully suspended sentence is imposed on a child, they may think they got away with it and therefore continue to offend. The Law Reform Commission has expressly recommended against providing for suspended sentences for children. The children (amendment) Bill 2024 will therefore provide for alternatives to suspended sentences.

I reiterate to the Senator my intention to engage with my Department on the drafting of these provisions. For these reasons outlined, I thank the Senator for this considered amendment and regret that I cannot support it. I assure him however that this Bill will address the same objective. It seems somewhat counterintuitive, but at the moment it does appear to be international best practice. Once again, I am happy for my officials to tease out the rationale behind that with the Senator.