A coalition of children’s rights organisations and community and voluntary sector groups has expressed disappointment after a Petition of Concern was used at Stormont during debate on proposals to raise Northern Ireland’s minimum age of criminal responsibility.
The proposed amendments to the Justice Bill sought to increase the minimum age of criminal responsibility (MACR) from 10 to 14 years old, with exceptions for the most serious offences, such as murder, where the age would remain 12.
The amendments were jointly proposed by Sinn Féin, Alliance and the SDLP. However, the Democratic Unionist Party (DUP) tabled a Petition of Concern, supported by the Traditional Unionist Voice (TUV) and four Ulster Unionist Party (UUP) MLAs, reaching the threshold required to trigger the mechanism.
The move means any future vote on the issue will require cross-community support from a majority of both unionist and nationalist MLAs, following a 14-day consideration period.
The Ten is Too Young coalition, which campaigns for reform of the current legislation, said it believes raising the age of criminal responsibility would bring Northern Ireland more closely into line with international children’s rights standards and evidence-based approaches to youth justice.
In a statement, the coalition said:
“Reforms to increase MACR would be a step forward to deliver real and lasting change in Northern Ireland by addressing our unacceptably low age of criminal responsibility and ensuring alignment with international children’s rights standards.
“The evidence indicates that early intervention, support and diversion are more effective at reducing harm than criminalising children at a young age. Raising the age of criminal responsibility represents a logical and evidence based step in strengthening long term community safety.
“It is therefore incredibly disappointing that the Petition of Concern was used to block the tabled amendments. The triggering of a Petition of Concern in this context represents a misuse of a mechanism designed to protect minority rights. It should not be used to block progress on fundamental issues facing disadvantaged children and young people.
“To continue to criminalise children as young as ten is unacceptable. Our children deserve a system that recognises their developmental capacity, upholds their rights, and allows them to learn from mistakes without being criminalised. Approaches must continue to be prioritised that reduce reoffending, prevent future victims and give children the chance to turn their lives around.
“We would urge the MLAs who used the Petition of Concern in this case to seriously reconsider. It will be our most disadvantaged children and young people who pay the price.”
During the Assembly debate, supporters of the amendment argued that Northern Ireland’s current age of criminal responsibility is among the lowest in the world and does not reflect modern understanding of child development.
MACR refers to the minimum age at which a child can be arrested and charged with committing a criminal offence. Northern Ireland, England and Wales currently set the age at 10. In Scotland and the Republic of Ireland, the age is generally 12, although provisions exist for exceptional circumstances involving the most serious offences.
The United Nations Committee on the Rights of the Child has previously urged countries to raise the minimum age of criminal responsibility to at least 14.
The Justice Bill continues its passage through the Northern Ireland Assembly, with the proposed changes to the age of criminal responsibility expected to return for further consideration following the mandatory review period.
