Government measures to hold parents responsible for the crimes of their children through fines and court orders are not being implemented, according to unpublished figures.
Official statistics show that since the measures were introduced two years ago, just one parent was forced to pay a fine for an offence committed by their child. No court orders were made requiring parents to exercise proper control over their children.
The highly publicised measures formed part of the Children's Act (2001) and were signed into law by the Minister of State for Children, Mr Brian Lenihan, in May 2002.
However, figures supplied by the Courts Service following an examination of individual court files suggest that District Court judges have little confidence in the provisions or are unaware of the powers available to them.
The measures were highly publicised at Fianna Fáil's ardfheis last year and introduced in response to claims that parents of young offenders were failing to control their children.
Labour Party TD Ms Róisín Shortall said yesterday the judiciary's failure to use the measures was adding to widespread frustration and demoralisation within the juvenile justice system. "It's ridiculous that powers like these aren't being used. There should be early intervention and services at community level, but we also need to deal with the present offenders who are running riot on the streets," she said.
"I'd like to see these powers used. We need to have parents taking more responsibility for their kids. There is an increasing attitude among some that they can leave them on the street, left to their own devices."
However, in recent months lawyers and campaigners, such as Father Peter McVerry, who works with young homeless in Dublin, have expressed reservations about the measures.
They say that in most cases parents are unable to afford fines. Attention should be directed towards elements of the Children's Act which relate to family welfare conferences, special care provision and private foster care, they say. These more costly parts of the Act have yet to be introduced, despite the enactment of the legislation three years ago.
Mr Lenihan said it was up to judges to decide whether measures such as fines were appropriate or effective depending on individual cases.
"Parental responsibility is important, but I'm not sure how effective fines are where you have a juvenile offender at a catastrophic phase. It is in the early stage of offending that it would be more important," he said. Plans are under way to introduce other elements of the Children's Act in September, such as family welfare conferences.
The Minister said long-awaited plans to improve probation services for children were implemented last week. Children who accept responsibility for committing crime may be able to avoid a criminal record by following action plans drawn up by their families and the probation services. These may include referral to services which would benefit the child or heighten their awareness of the consequences of criminal behaviour.
"It is a final chance for a child to avoid a criminal record and to be confronted with, and forced to face up to, his or her criminal behaviour in a supervised environment that should reduce the chances of the child descending into a life of delinquency, anti-social behaviour and crime," Mr Lenihan said.
