A controversial new law making parents civilly liable for the crimes of their children will go before Parliament next month. But can it work in Bermuda? The Royal Gazette looks at the pros and cons of the Parental Responsibility Bill 2010.

When Home Affairs Minister David Burch first mooted the idea of punishing parents for the misdemeanours of their children, he stressed that he was sharing his personal opinion and not that of the Cabinet.

"If a child is charged with a crime it is my view that the parent should be standing in the dock charged with them," he told a press conference in February 2008.

Fast forward two years and it appears that the outspoken Senator has persuaded his political colleagues of the merits of such a stance.

It's perhaps no surprise given that crime — especially gang and gun violence perpetrated by young men — is the public's number one concern.

The Parental Responsibility Bill — modelled in part on the UK's Anti-social Behaviour Act 2003 — will be tabled in Parliament on February 5.

If approved, it won't mean parents will face a criminal trial for the actions of their offspring — but they may have to go before a magistrate and suffer financial penalties if their child is guilty of wrongdoing.

Parents who are proven to be complicit in a crime committed by their child could be fined as much as $10,000. And those who encourage or contribute to a child's criminal behaviour could be looking at a bill of up to $5,000.

Social workers will compile reports for magistrates, who will have the ability to make orders compelling parents to attend counselling including drug rehabilitation, parenting classes and anger management.

Similar laws exist around the world, including in the US, Canada, Australia and Britain, and opinion on their appropriateness and effectiveness is often starkly divided.

The town of Silverton in Oregon was the first place in the States to hold parents legally accountable in such a way. It reported a significant reduction in juvenile crime and truancy after it passed an ordinance in the mid 1990s which meant parents could be charged with failing to supervise a minor.

But critics argued that it was dangerous to give the courts so much power and questioned whether the state ought to be able to define the meaning of a good parent.

In Bermuda, the question of whether bad parenting is the primary cause of juvenile delinquency and whether the latter can be stamped out by legally forcing parents to be more accountable is a contentious one.

Attorney General Kim Wilson is convinced legislation can make a difference. "Being the mother of an eight- and five-year old, I know firsthand the challenges involved in raising responsible children who we pray will grow into responsible adults," she told The Royal Gazette.

"In most cases a child's behaviour is a complete reflection of how they are being raised. As children get older, it's acknowledged that we cannot be everywhere our children are, but what we can do is make sure as best as possible that we honour and adhere to our duty to teach our children right from wrong.

"We may do all that we can as parents to give our children the tools and guidance necessary to keep them on the right path; however, we all know of cases where despite the parents' best efforts, the child ends up on the wrong side of the law. The proposed legislation is not geared at those parents."

Senator Wilson added: "I am of the belief that this legislation will make parents take a more active role in their children's lives and start to ask questions about their child's activities and whereabouts."

Others are less sure. Family campaigner Sheelagh Cooper opposes the new law, believing it would punish single mothers already struggling to make ends meet and raise a family.

"My initial reaction is that this is grandstanding," she said. "It's an attempt to create the illusion that something is being done. The legislation exists to do this already and they rarely use it.

"It's clear that the Government misunderstands the problem and is not really particularly interested in looking in any great depth at what's going on in the lives of parents."

Ms Cooper argues that minors are not the ones largely responsible for gang and gun violence. "What we have been witnessing over the last several months — these people are not children.

"These are grown adults. The law is targeting a population that should still be in school. Given that, we ought to be delivering programmes in class that address some of these problems and increasing the number of school counsellors."

Martha Dismont, executive director of the Family Centre, wants Government to consult widely before passing a parental responsibility law.

"How are you going to make parents responsible?" she asked. "I would love to work with legislators to find ways to put in healthy and positive legislation that supports parents to do the right thing. You have to balance it [a parental responsibility law] with some legislation that requires and encourages healthy behaviour."

She said parental responsibility laws may have worked elsewhere — but might not translate to here.

"Bermuda may have similar issues but we are unique and we should be looking at it in relation to our own environment and the cultural aspects and the difficulties parents have.

"I know the biggest difficulty is enforcement. We don't have the ability to go in a parent's home and teach them how to raise a child."

Edward Tavares, from fathers' rights charity ChildWatch, asked how the law could apply to fathers who had not been allowed to play a significant role in their child's life.

"How can they be made accountable for the crimes of their children?" he asked. "With the divorce rate at approximately 65 percent, this crosses over most households in our community. For years, fathers have been a throwaway parent and their only requirement are their financial contributions, according to the court system."

Mr. Tavares said what was really needed was a system that aimed to heal families and helped parents bring up their children properly, especially after separation or divorce.

Defence lawyer Rick Woolridge said he could see the merits in the proposed legislation.

"Making parents civilly liable for the crimes of their children can't be a bad thing," he said. "If your 15-year-old breaks my window, he doesn't have a job and he's in school, so how do I get my window fixed? By making parents liable then it comes out of their pocket and money concentrates minds."

The new bill will come under scrutiny in Parliament, with both opposition parties concerned that the law may be draconian and difficult to enforce.

Shadow Home Affairs Minister Michael Dunkley said he was surprised Government didn't consult more widely and try to garner community support before tabling the bill.

"There are already bodies of law in existence on parental responsibility and powers of dispersal," he said. "We need to hear from the ministers in charge how this is going to work beyond what already exists on the books."

He said the UBP recently suggested that parents applying for free childcare places be enrolled in parenting classes at the same time.

"We are not assuming that they need it," he said. "You are not targeting them but you are saying: 'We are going to help you.' The parents have an opportunity to be responsible."

Sen. Dunkley said the practicalities of implementing the law could be difficult. "Do we have enough social workers? How long does it take? Are these courses readily available? All we are doing is making a more bureaucratic situation."

Donte Hunt, from Bermuda Democratic Alliance, agrees that good parenting is crucial in ensuring children grow up to be law-abiding citizens.

"Children first learn the invaluable lessons on how to conduct themselves appropriately in society within the confines of the home," he said.

But he points to many other root causes of crime: "With the consistent increase in divorce rates, domestic abuse, drug usage by parents and sexual abuse committed against young children by members within the extended family, the family unit as we once knew it is on the demise."

He worries that landing cash-strapped parents with tough fines will make it even harder for them to be hands-on, involved parents. "Adding $10,000 of debt to virtually anyone in this day and age is going to create stress. I don't think it's going to turn into: 'Hey, let me be a better parent.' It's going to be: 'I need another job.' We ought to be more heavy on encouraging parents to be good parents."

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