Madam, - Dr Ian O'Donnell expertly notes that debates on Irish crime policy are seldom rational (The Irish Times, December 24th).
Ironically, evidence of this appears directly above the report on Dr O'Donnell's article, in Conor Lally's report of the submission of the Association of Garda Sergeants and Inspectors (AGSI) to the Department of Justice, Equality and Law Reform on the area of youth justice.
The report details the AGSI's calls for new laws to tackle parents who fail to control their offending children and who use their children to commit offences such as burglaries on their behalf. While these are undoubtedly real problems, existing legislation is more than adequate to deal with them.
For example, under the Children Act, 2001, parents whose wilful failure to control their children contributes to their criminal behaviour can be subjected to a parental supervision order, which may require them to assist in the prevention of further offences by their children. They can be required by court order to exercise control over their child; and/or they can be ordered to pay compensation. The Act contains sanctions for non-compliance with these orders.
The Children Act also made a criminal offence the actions of a parent who causes wilful neglect or abuse of a child, including exposure to unnecessary suffering or injury to health or well-being. This provision is arguably more than adequate to cover the scenario of a parent who uses their child to commit a criminal offence.
Despite its apparent lack of familiarity with existing legislation, the AGSI clearly has a contribution to make to the debate on youth justice and crime in Ireland. Its reminder that the Government is failing to cherish all of the children of the nation equally - while from the 1916 Proclamation and not the Irish Constitution - is timely, as is its point that the protection of all children must be paramount in youth justice.
In this context, it is worth highlighting that many of the problems identified by the association fall within the statutory mandate not of the Garda, but of the health boards, which have a duty to promote the welfare of children at risk under the Child Care Act, 1991.
It is by focusing on protecting children who lack the support of their parents, rather than attempting to penalise them, thereby compounding the children's problems, that children can be successfully diverted away from criminal behaviour. - Yours, etc.,
Dr URSULA KILKELLY,
Senior Lecturer,
Faculty of Law,
University College Cork.