Twenty one years ago in a Fine Gael/Labour Party government, the then Minister for Justice, Mr Paddy Cooney, promised to introduce a Children's Bill before Christmas. Today, eight governments later, Cabinet Ministers will put the final touches to a 240 section Bill which has been designed to up date the 1908 Children's Act. Lack of political will, a parsimonious approach to the needs of children and bureaucratic in fighting between the Departments of Justice, Education and Health have all contributed to this appalling neglect.
It would be wrong to suggest that nothing ha been done during that time to improve the treatment of children,"or that society itself has not changed to the better. In the past three years, for example, almost 900 new permanent posts have been created in the child welfare services and an estimated £35m has been invested. But a great deal remains to be done, as is evident from yesterday's report in this newspaper on child prostitution in Dublin. It is also significant that the legal obligations of parents are developed and being extended in this measure.
The proposed Children Bill has been drafted within the Department of Justice and its primary purpose is to protect society, rather than to cherish and safeguard children at risk. Because of that in built bias, particular attention should be concentrated on the Government's balancing commitment to provide high cost, special care and detention units through the Departments of Health and Education.
Mr Austin Currie, the Minister of State for Health, was given responsibility for resolving the "turf wars" between the three Departments when this Government was formed. And he has succeeded, where his predecessors failed, in reaching agreement with officials and politicians on a wide range of measures. Under the Bill, the age of criminal responsibility will be raised from 7 to 10, and eventually to 12 years, All cases involving young people under 18 years will be dealt with by a special Children's Court and a Juvenile Liaison Officer Scheme will be established on a statutory basis to deal with petty crime, vandalism and other first time minor offences.
The Garda authorities will be obliged to notify a parent or guardian that their child is in custody under the legislation. They may be required to, pay compensation, for damage caused by their children and to enter into recognisances of up to £250 for a period of three years to ensure that they exercise proper control over children. They may be held responsible if their children are found begging in the streets.
Curfews may also be imposed on child offenders and they may be restricted to their homes during any period between 6 p.m. and 6 a.m, and banned from frequenting a particular locality. Out of control youngsters who have not committed a criminal of fence will be held in special Care Units run by the Health Boards, while Children Detention Schools will be operated by the Department of Education. The official view is that detention of any kind should be a last resort. Bill will address those issues raised.
The Children when young people fall foul of the law in a modern society and, as a consequence, it should be broadly welcomed. But we owe more to our young people than that. We need to cherish and to protect them in a world where they are often under valued, abused and exploited by predatory adults and by society, In, that regard, a recommendation by the Constitutional Review Group that Articles 41 and 42 be changed in order to give children specific rights, should not be allowed to gather dust by the Government.