GOVERNMENT MEASURES to tackle juvenile crime by holding parents responsible for the crimes of their children through fines and court orders are not being used, it has emerged.
The highly publicised measures formed part of the Children Act (2001) and were signed into law by the former minister for children, Brian Lenihan, six years ago.
However, the Courts Service does not have any record of a parent being arrested for failing to attend a hearing or parents being ordered to exercise proper control over their child, or being fined for an offence committed by their child.
The reluctance to use the provisions indicates that District Court judges have little confidence in them or are unaware of the powers available to them. Children’s rights campaigners have also placed little confidence in the measures, insisting that families at risk need more support rather than being penalised.
The laws were introduced by the Government in response to claims that parents of young offenders were failing to control their children.
The programme for government agreed by the Coalition partners last year also provides for a “system of parental responsibility for criminal damage and costs incurred by victims of their children’s anti-social behaviour”.
Labour TD Jan O’Sullivan, who obtained the information on lack of use of parental sanctions, has called on the Minister for Justice and the Minister for Children to explain why they are not being used.
“At a time when many communities continue to be plagued by juvenile crime and vandalism, often carried out by children barely into their teens, it is difficult to understand why the powers to make parents accountable for their children’s action, including accepting financial responsibility, are not being used,” the Limerick-based TD said.
“The Children Act 2001 was widely praised as a piece of ground-breaking legislation when it was enacted and there was a particular welcome for new powers which were designed to prevent parents from abdicating responsibility for criminal or anti-social behaviour carried out by their children,” Ms O’Sullivan added.
In correspondence to the TD following a parliamentary question on the use of parental sanctions, the chief executive of the Courts Service said Children’s Court offices in Dublin and Limerick had no record of them ever being used.
Under the Children Act 2001, a warrant may be issued for the arrest of a parent for failing to attend a court proceeding, or compensation orders may be made against a parent of a child found guilty of a criminal offence.
Overall, the legislation is aimed at taking a welfare approach to children in trouble with the authorities and placing more emphasis on family and community support.
However, a national review of family support services has shown that there are major gaps in the provision of support to families at risk around the State.
The Government says it is funding and developing a range of family support initiatives, including the expansion of programmes that help teenage parents.