People working in the area of juvenile justice have discovered that there is no Government support and no ideological commitment to the 2001 Children Act, which was 10 years in the making, according to a leading criminologist.
Dr Paul O'Mahony was speaking at a conference at the weekend on juvenile justice, organised by the Irish Penal Reform Trust.
"Two things happened since it was signed into law," he said. "The Government decided to spend countless millions on opening a prison for 14 and 15-year-olds, following a media-generated moral panic about the tragic deaths of two gardaí. This happened separate from any ongoing discussion of joyriding. It totally undermined the basic principle contained in that Act, which was not to jail under 15-year-olds.
"The second thing was the Government decided to close Shanganagh open prison for juveniles, an outrageous act of vandalism. It was the only rehabilitative part of the system. They are now using the threat of closing other open prisons as part of negotiating with the prison officers over overtime."
He said these two measures had left the Children Act "virtually in tatters . . . Yet the media are asleep.
"There is a persistent betrayal of rational, thought-out responses for quick-fix solutions. The media put pressure on politicians through their moral panic machinery to get quick responses. This happens in the vacuum created by a lack of information."
Dr Ursula Kilkelly, lecturer in law in UCC, said that two years after the Children Act was signed, significant parts of it were not yet in force, including the sections relating to community sanctions that have most potential to ensure that children break the cycle of offending.
Father Peter McVerry told the conference that the parents of children who got into trouble needed help and support, but this was often not available.
"I know a 13-year-old boy who has recently changed and become hostile and difficult for his mother to control. He suffered a number of traumas in his childhood. His mother brought him for assessment and, following both assessments, his behaviour improved for several days. He got a note from the assessment saying he is suitable for therapy. But he has to go on a waiting list.
"He has been suspended from school, but the school has said it will take him back as soon as it gets a special needs teacher. It is on a waiting list for one.
"Because he is not attending school the mother tried to get a school attendance officer to bring him to court.
"But only 70 school attendance officers out of 300 have been appointed, and there is none in her area. She asked a social worker for a place in a special care unit, but was told there is a waiting list.
"We are dealing with young people with major unmet needs, and their criminal activity is an acting out of those needs."