A new parental responsibility law aimed at tackling crime and anti-social behaviour is not designed to hurt those already struggling financially, according to Attorney General Kim Wilson.

She told The Royal Gazette she understood why there were fears about the proposed legislation, which could see parents fined as much as $10,000 for their children's crimes, but insisted that it would be enforced sensibly.

Senator Wilson announced the Parental Responsibility Bill 2010 and a series of other measures to tackle gang crime and youth delinquency on January 22.

She said this weekend: "I appreciate some concerns being raised with regard to the amount of the fines; however, it must be stressed that these provisions are not designed to cause further hardships to the parents who are doing their level best in the circumstances.

"It must also be understood that the $10,000 fine is only for circumstances where property damage or loss has occurred as a result of the child's illegal behaviour.

"This is why it is imperative that the courts — who are the ones charged with issuing the fines and/or orders as appropriate and not the social workers — will order and carefully review the social inquiry reports which will set out the circumstances surrounding the child's commission of the offence."

The Justice Minister added: "Each situation will be dealt with on a case-by-case basis. Take for example two youths aged 13, both charged with possession of marijuana.

"Surely the courts will view the circumstances differently where the social inquiry reports that for one youth the parent is required to work a job which requires shift work, resulting in that child being left unattended on various occasions, and then on the other hand you have the second youth who, by his own admission, is permitted to smoke marijuana in his bedroom with his parents knowledge.

"Naturally the offences are the same; however, the circumstances surrounding the commission of the offences are different."

Sen. Wilson said she believed bad parenting was at the heart of much crime. "I can say with a huge degree of certainly that the vast majority of persons in the Co-ed and Westgate facility will disclose that their parents were not fully involved in their lives.

"How many times have we been driving home late at night only to see a young child, still in school clothes, riding their bike or playing outside? The first question that runs though our minds is: 'Where are his parents?'"

She said the law — to be tabled in Parliament on February 5 — would make parents take a more active role in their children's lives and ask questions about their activities and whereabouts.

But she said it was clear it had to be implemented alongside other measures which sought to assist families and encourage young people to behave correctly.

Sen. Wilson said the need to avoid the "unnecessary criminalisation of parents" and avoid imposing financial penalties on those with "socio-economic difficulties" was taken into consideration in drawing up the bill.

And she said the concept wasn't entirely new for the Island since various existing laws were aimed at mandating parental responsibility, including the Young Offenders Act 1950, the Education Act 1996, the Education (School Support) Rules 2004, the Children Act 1998, and the Criminal Code.

"I am of the view that the relevant provisions of the foregoing statutes do not go far enough in addressing parental responsibility as a mandated necessity," said the AG.

Parent Responsibility Bill 2010

It is proposed to make statutory provision:

• (i) for the owner of property or a person who has property in their possession to bring an action against the parent of a child where the child intentionally damages, takes or destroys property;

• (ii) for parenting orders to be made in respect of the criminal conduct and anti-social behaviour of a child;

• (iii) to impose upon a parent a duty to exercise care, supervision, protection and control over their child;

• (iv) for an offence to be created where a parent or any other person encourages or contributes to a child's criminal conduct or anti-social behaviour through acts or omissions or, where a duty to supervise a child exists, a parent or other person permits that child to commit an offence;

• (v) for a parent or any other person who commits an offence proposed in (iv) to be liable on summary conviction to a fine not exceeding $5,000; and

• (vi) where a parent is convicted of an offence under (iv), the court may require the parent to undergo counselling or do such other things which in the opinion of the court would advance the welfare and best interests of the child instead of, or in addition to, imposing a penalty.