Concern at plan to fine parents of children who commit crimes
A plan to impose fines of up to $10,000 on the "irresponsible or negligent" parents of children who commit crimes was denounced as "utter nonsense" by family campaigner Sheelagh Cooper last night.
And the Island's two opposition parties also raised concerns about whether financially punishing families — under a new parental responsibility law proposed by Attorney General Kim Wilson — was the best way to tackle escalating gang violence and anti-social behaviour.
Ms Cooper told The Royal Gazette: "My initial reaction is that this is grandstanding. It's utterly ridiculous. It illustrates a complete lack of willingness to examine the real causes behind these problems."
Senator Wilson explained this week that magistrates would be able to order parents to pay damages of up to $10,000 to victims of their child's criminal behaviour, if a social inquiry report indicated they had been negligent or irresponsible.
And a new offence of "encouraging or contributing to a child's criminal behaviour" would be punishable by a maximum fine of $5,000.
Ms Cooper, from the Coalition for the Protection of Children, said the legislation would effectively give social workers compiling the reports the power to "convict" parents.
"This has not been thought through," she said. "Ninety nine percent of these cases would involve a single mom who is already overwhelmed, struggling and having difficulty and probably has other children.
"If this woman is fined $10,000, she's in no position to pay this. So now the question is: which of the parents of this child should go to jail [for not paying the fine]?
"Should it be the overwhelmed mother or should it be the absent father? If she's fined, she's probably going to lose her job anyway."
Ms Cooper said the Protection of Children Act 2000 already meant parents could be fined or jailed for neglect or for allowing a child to become involved in criminal activity. "At least with that legislation, it's the judge who makes the decision, not the social worker," she said.
Shadow Public Safety Minister Michael Dunkley, meanwhile, said imposing fines could work in some instances but added: "In other cases, it just gets the family deeper and deeper into a hole.
"If a mother can't pay $5,000, what then? You want to be firm in the justice you provide, but you also want to be fair. I don't think it's been thought through properly."
The United Bermuda Party Senate leader said it was difficult to critique the legislation, due to be tabled in Parliament on February 5, without seeing it. "On the face of it, it appears to be very punitive to people," he said. "But if you look at the comments the Attorney General has made, it seems to me it would be very difficult to prove this in court."
Bermuda Democratic Alliance MP Donte Hunt said: "If we put heavy fines on parents, it's obviously going to be fines on parents who already may need additional help.
"To fine a parent that needs some help, a parent already working two or three jobs — I understand it makes them accountable. But it could also make them more apt to being a bad parent.
"I understand the spirit of it, I just think more could be done in proactively helping those parents get what they need."
The new law would enable magistrates to order parents to attend parenting classes — a measure supported by Sen. Dunkley and Mr. Hunt.
It is part of a raft of legislative changes announced by Sen. Wilson on Friday, including giving Police extended powers to disperse groups, confiscate items of clothing such as "hoodies" and face scarves and temporarily close down licensed premises.
Martha Dismont, director of the Family Centre, said: "I suspect we are looking at these laws now because we are frustrated with the lawlessness, because of what parents aren't doing. I think at this point we are at something of a lawless state.
"But we have to balance it with some legislation that requires and encourages healthy behaviour." She said she and her staff hoped to work with legislators on coming up with "help and positive legislation that supports parents".
Senator Wilson said last night: "These further parental orders and/or fines are simply another tool for the courts to use in appropriate circumstances in an attempt to minimise instances of anti-social behaviour."
She said each case would be dealt with on an individual basis based on a social inquiry report, making it "extremely unlikely" that fines would be imposed where parents had financial difficulties.