Adults who force children into criminality to face prison under new ‘Fagin’s Law’

Justice Minister Helen McEntee said these adults were 'ruining young people’s lives and blighting their communities'. Picture: Gareth Chaney/Collins

Long-awaited laws criminalising adults who entice or force a child to engage in any form of criminality have now come into force.

The so-called ‘Fagin’s Law’ will make the offence punishable by up to five years in prison, on conviction in the higher courts.

The issue of the grooming of children to engage in couriering and dealing drugs has been flagged as a major problem in communities across the country — and has been included as a recommendation in successive national drug strategies.

A large number of reports have detailed the problem, in some cases finding children as young as six or eight are involved, although typically they are in the 10-16 age bracket.

In a statement, Justice Minister Helen McEntee said these adults were “ruining young people’s lives and blighting their communities”.

She said the commencement of the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024 “will be an important tool in the arsenal of gardaí” to disrupt criminal networks.

A draft bill creating the offence was approved by the Government back in 2020.

Minister of State with responsibility for Youth Justice James Browne said some children are “dealt a losing hand” when they have family members or neighbours who exploit them.

He said young people may be attracted by the status or glamour of drug dealing and as a “quick way to make money”.

He said in addition to this law, “pro-social opportunities” are needed for young people at risk, as well as “intensive interventions” for those already involved in crime.

Ms McEntee said the department had also invested in an intensive intervention pilot, the Greentown Programme, run by Research Evidence into Policy, Programmes and Practice (REPPP) at University of Limerick.

This aims to disrupt organised crime groups and improve prospects for children at risk of being lured into them.

Regarding the new offence, questions have been asked as to how evidence is going to be gathered to convince the DPP to direct charges.

Doubt has been expressed at the possibility of getting such children to make an incriminating statement and, in addition, the danger they might put themselves and their families in by doing so.

A number of bodies, including the Irish Human Rights and Equality Commission and the REPPP, have highlighted the extent to which the children concerned could be groomed by parents or older siblings, making the prospect of the child making a statement both unlikely and potentially harmful for the child.

Garda sources have said training needs to be provided to members as to what evidence is required and the threshold needed before submitting a file to the DPP.

Garda investigations also operate on the basis of receiving a complaint in the first instance, suggesting the child, or most likely a parent, would have to take such a step.

Sean Redmond, director of REPPP, previously told the Irish Examiner that “poor, vulnerable children” tend to be the targets of gangs and said there are “no easy answers” to the problem.