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Bill will grant judges power to defer detention for young offenders
Bill will grant judges power to defer detention for young offenders

Irish Examiner

time15-07-2025

  • Politics
  • Irish Examiner

Bill will grant judges power to defer detention for young offenders

Under proposed laws, judges will have the power to postpone a child's detention to allow them to deal with their offending in the community under supervision. Unlike adults, children currently cannot be given a suspended sentence because experts believe children think that they are getting off from sanction and will continue their offending. However, a new provision known as a deferred sentence supervision order will allow a judge, if they deem detention is appropriate, to defer sentencing for up to a year and put the child under the supervision of the Probation Service. If the child complies with conditions in the order — such as no further offending and be of good behaviour — a judge can discharge the child at sentencing. However, if the child does not comply, the judge can order detention at the sentencing hearing and, if the child has turned 18, imprisonment. The Oireachtas justice committee heard of the new provision during a hearing on three bills, including the Children (Amendment) Bill 2024. Marisa Gomez, of the Department of Justice, told the committee that the consensus among child and legal experts was that a suspended sentence, on its own, is 'not appropriate' for children as it 'does not give them an opportunity to deal with the consequences' of their offending. She said the child 'takes it that they are getting out of sanction'. She said they see a suspended sentence as a 'free ticket' and will continue their offending behaviour. Fianna Fáil TD for Dublin Bay North Tom Brabazon said there needed to be real restorative justice in sanctions applied, where they have to meet the people they have caused serious harm to and 'made understand' what they have done. He said restorative justice should be part of the diversion scheme for juveniles — where children are diverted from the courts — and in the sanctions imposed on children by courts. 'Plagued' by criminality He said he knows of cases where ordinary people are 'plagued' by children engaged in criminality and their lives made an 'utter misery'. A second draft bill, the General Scheme of the Criminal Justice (Violation of EU Restrictive Measures) Bill 2025, relates to Irish implementation of an EU directive on offences relating to sanctions. The most prominent ones are linked to Russia's invasion of Ukraine. The sanctions include asset freezes, travel bans, as well as import/export restrictions, and the provision of financial and other services to sanctioned people or entities. Both the committee chair, Sinn Féin TD Matt Carthy, and independent senator Lynn Ruane said the bill was supposed to bring consistency in how EU member states treated breaches of sanctions, but was not consistent in the countries targeted — with Israel not on it. 'The concept and principle of restrictive measures is not applied consistently,' Mr Carty said, adding that the EU were currently failing to agree on sanctions on Israel. Brendan Bruen, of the Department of Justice, said the bill only deals with sanctions where they are already agreed by the EU. An address on the General Scheme of the National Cyber Security Bill, published last August, provided an overview of the provisions and the EU cybersecurity directive NIS2.

Taoiseach demands review of e-scooter rules over use by children serving as drug mules for crime gangs
Taoiseach demands review of e-scooter rules over use by children serving as drug mules for crime gangs

Irish Times

time20-05-2025

  • Politics
  • Irish Times

Taoiseach demands review of e-scooter rules over use by children serving as drug mules for crime gangs

Taoiseach Micheál Martin has said there must be a review of all regulations around e-scooters and scramblers because of their use by criminal organisations getting children to distribute drugs. Mr Martin made his remarks following concerns raised in the Dáil about people using scooters and bikes in 'muling' for the drugs trade and becoming involved in road incidents, often without being pursued or prosecuted. The Taoiseach said it is a 'very serious issue which demands a review of the entire regulatory framework governing scramblers and e-scooters'. Fianna Fáil Dublin Bay North TD Tom Brabazon had said e-bikes, e-scramblers, e-scooters and ordinary scramblers 'are the scourge of people's lives across the city'. READ MORE 'A lot of them are unfortunately being used in criminal enterprises and in particular for muling and carrying illicit produce for the drug trade,' he said. 'These bikes, scramblers and scooters, when used as part of a criminal enterprise, are usually operated by minors.' Despite being underage these 'minors' were 'acting in an adult way but are not facing the rigours of the criminal system', he said. 'On top of that, notwithstanding anything the Garda Commissioner might say, these drug mules are not being pursued and prosecuted when they are on those vehicles.' Mr Brabazon said the e-scooter and scrambler users often do not wear helmets and are instead 'ballied up', or wearing balaclavas. They are 'not carrying or using lights in the dark evenings, having removed the speed governors from their vehicles'. His party colleague Shane Moynihan also urged stronger action on enforcement. The Dublin Mid-West TD said that in the past two weeks in his constituency a 10-year-old boy was severely injured when an e-scooter in a cycle lane ran a red light and three weeks ago there was a fatality in the Citywest-Saggart area involving a scrambler bike. E-scooters in particular 'are a welcome addition to the active travel agenda' but he stressed that 'users of these e-scooters need to obey the rules of the road and have respect for other road users'. Mr Moynihan said 'we need to see a more consistent approach to enforcement in terms of seizing illegal scramblers but also encouraging their sensible use'. The Taoiseach said it was a very serious issue that some of these new vehicles are being used 'as part of criminal enterprises, particularly the utilisation of young minors in the distribution of drugs'. He said the entire regulatory framework for e-scooters and scramblers needed to be reviewed. [ How drug debts are used to control Irish communities: 'Men are forced to go to jail on someone's behalf' Opens in new window ] 'There are positives too, particularly for the elderly population in terms of people getting access to go up hills and so on,' he said. 'However, it merits a review because many negative aspects have happened as a result of their deployment.'

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