Gardaí welcome decision to row back on Children Act

RANK AND FILE gardaí yesterday welcomed plans to row back on legislation increasing the age of criminal responsibility.

Justice Minister Michael McDowell announced this week he was not going to implement the Children Act 2001, which raised the age of criminal responsibility from seven to 12.

Instead, he said he intended to raise it to 10, except for murder, where the age limit would remain at seven.

“In broad terms we would welcome this,” said John Egan, vice president of the Garda Representative Association (GRA).

“There are instances of children aged between 10 and 12 who do serious acts and know that they are serious and wrong, but still do them and it’s the victim of the crime that we would be concerned about.

“There are also cases of children under the age of 10 who know what they are doing and would be responsible, so perhaps the minister is erring of the side of caution.”

The minister pointed out that children were maturing earlier and that this increased the likelihood of serious crimes, including crimes of a sexual nature.

Mr McDowell told the committee that the Children Act 2001 had “got it wrong” and was “overly optimistic” when is said children under the age of 12 could not commit a criminal offence.

Mr McDowell’s Cabinet colleague John O’Donoghue, who was Minister for Justice when the Children Act was passed, refused to be drawn yesterday.