CURFEWS are to be imposed on child offenders under provisions in the new Children Bill, which is to go before the Oireachtas in the next parliamentary session, which starts tomorrow.
The Bill allows the courts to make parents pay compensation for damage caused by their children. The age of criminal responsibility is also to be increased from seven to 10 years initially and then to 12 years.
Under the Bill's provisions, a child offender may be restricted to his or her house during any period from 6 p.m. to 6 a.m., or may be restricted from frequenting a particular locality during the same hours.
The curfews are one of the "community sanctions" contained in the Bill. Also included are variations on probation orders which would allow the court to place child offenders under close supervision or compel them to attend special day care schools for up to 90 days. Under the Bill, all cases involving young people under 18 will be dealt with by a special Children's Court.
In addition, parents can be ordered to enter into recognisances of up to £250 for up to three years to ensure that they exercise proper control over their child.
The Bill, which has 240 sections and is one of the longest produced by the Department of Justice, updates the 1908 Children's Act.
It has been under discussion by the main Departments involved - Justice, Health and Education - since the 1970s.
It places the Juvenile Liaison Officer Scheme on a statutory basis and expands it to provide for family conferences in suitable cases such as petty crime, vandalism or other first time minor offences.
Gardai are to be obliged to notify, a parent or guardian that their child is in custody. Parents will also be obliged to attend all court proceedings involving their child, except where one parent has custody. Any failure to attend will be treated as contempt of court.
Where necessary, young offenders under 16 will be held in Children Detention Schools while, unmanageable children will be detained in Special Care Units run by the boards under the Department of Health.
While most of the Bill's provisions have been agreed by the Government, a further 11 sections, dealing with provisions for unmanageable children, are due to be discussed today. Once these are passed, the Bill is expected to be published early in the new Dail session.
The Irish Society for the Prevention of Cruelty to Children has expressed reservations about the use of curfews but the move is likely to be welcomed in local communities.
Main Provisions of Children Bill 1996
. Restriction of movement for up to 12 hours per day to be imposed on young offenders where court sees fit.
. Parents may be ordered to pay compensation for damage caused by their children.
. Detention to be used as last resort. Alternatives include family conferences, financial sureties from parents, day care centres and close supervision, and transferring children from family home to care of a suitable adult.
. Special "user friendly" Children's Court to deal with all cases involving juvenile crime.
. Age of criminal responsibility to be increased from seven to 10.
. Residential Special Care Units to be set up for unmanageable children.