Bill to criminalise recruitment of children by drug gangs will not solve problem, Dáil told
About 1,000 children under the age of 17 are constantly at risk of being recruited and used by criminal networks across the country, according to a national survey of Garda juvenile liaison officers that was carried out in 2020.
A bill which criminalises the recruitment of children into criminal gangs will not solve the issue alone, the Dáil has been told.
TDs on Thursday resumed a debate on the Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023, which proposes a five-year prison sentence for those who groom children into crime.
About 1,000 children under the age of 17 are constantly at risk of being recruited and used by criminal networks across the country, according to a national survey of Garda juvenile liaison officers that was carried out in 2020.
A separate 2019 study of drug dealing and organised crime in Dublin's south-inner city found children as young as 12 were being lured into gangs.
However, Sinn Féin TD for Dublin Bay South Chris Andrews said the law alone would not end the practice. He said communities had been "let down" by the Fine Gael government and pointed to one example in his constituency.
"There was an issue where Dublin City Council put in CCTV all around the blocks in Pearse House. The children were paid to go up and drop blocks on the CCTV and smash them. That hinders the ability of the Garda and Dublin City Council to operate.
They were the frontline in the pandemic and they have been let down by the State. They have been let down by Government.
"These children are being exploited by these gangs to move and sell drugs because of their age. Many will end up leaving school early and will never get the opportunities in life that they deserve. I welcome this bill but we must acknowledge that this bill alone will not be the solution. We cannot police our way out of the current crisis that communities are facing."
Independent TD Thomas Pringle questioned whether the bill could have an unintended consequence of forcing children to be peer-pressured into gangs and whether having to testify against family members might be traumatising.
"Are we to force children to give evidence against their own family members, are we considering what position we are putting the child in in this case, and should their family members, particularly parents, face prosecution, have we considered the effect that this may have on the child as well?"
Closing the debate for the Government, junior justice minister James Browne said the introduction of grooming offences in the bill will not remove liability from a person who grooms the child victim for any other offences.
"It is highly likely that where a person is prosecuted for this type of grooming, he or she will be also prosecuted under the existing law for the offence committed by the child," he said.
He said he understood the concerns over the age range for the grooming offence starting at 18. TDs had questioned whether an 18-year-old could be convicted for this offence where they are close in age to the child being groomed was also raised. He said an age-gap between the victim and offender may not work.
"It is well understood young adults can also be vulnerable to peer pressure and influence and may themselves be the victims of grooming. It has been suggested a minimum age gap between the adult and the grooming victim might be worth exploring, but there are other considerations.
"It is, unfortunately, the case that crimes are committed by young people. Whatever the approach taken to sentencing legislation, it must at least be possible to prosecute them when this happens.
"I acknowledge that in cases where the inciter is a family member, the consequences for the child could be severe and there could be challenges in prosecuting the adult. The courts have discretion, however, in both the fines and imprisonment options available."
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