The increase in the age of criminal responsibility from seven to 12 years is an important advance in how we treat our children.
As a result of legislative change, which came into effect last Monday, most children under the age of 12 who commit offences will be dealt with under the care system rather than being propelled prematurely - as heretofore - into the realm of criminal justice.
Where a child under 12 is suspected of committing an offence, he or she will be taken to his or her parents by a member of the Garda and, where required, intervention will be provided via the Health Service Executive (HSE). Ireland has had one of the lowest ages of criminal responsibility in Europe and the change brings this State into line with international norms.
An exception is made in the case of 10 and 11-year-olds charged with serious offences such as murder, manslaughter, rape or aggravated sexual assault. This exception was criticised last month by a United Nations committee on children's rights but Minister of State for Children Brian Lenihan, who championed these changes, points out that the number of children who commit such offences is small.
An important measure of the wellbeing of any society is how it cares for its children. And for too long we have been overly dependent on the criminal justice system in our response to errant youngsters. This is consistent with the heavy reliance, in our response to adult crime, on punishment and incarceration rather than rehabilitation. The risk of the criminal justice system when it is applied to children is that, despite the good offices of many involved, it can confirm them in a downward spiral rather than divert them on to a more fruitful path.
With this in mind, Mr Lenihan's initiative is welcome. But it must be underpinned by adequate funding. The Minister says an extra €8 million is being provided to the HSE to facilitate changes to the youth justice system. However, Garda figures suggest that up to 1,000 children under 12 are dealt with by law enforcement authorities each year and some HSE officials are concerned as to whether they can cope with the extra volume of children. This is especially so in Dublin where service provision is already over-stretched.
The annual cost of keeping a young offender in a detention centre can range from €150,000 to as much as €500,000 (according to 2004 statistics released last week). Those figures support a cold financial logic for providing the HSE with the funds necessary to divert such children from the criminal justice system. But it is not just about money. It is about treating children in a civilised manner.