Political policy is often influenced by the petitions that are sent to Parliament. Often he inform MP's views on a topic, sometimes they lead to changes in law almost single-handedly.
Recently Parliament’s Justice Select Committee has spent time considering youth justice including a petition from the Howard League for Penal Reform whose mission is pretty much what it says on the box. The Howard League has requested Parliament “increase the minimum age of criminal responsibility to 16 years old”, up from the current range of ages including for some offences the very low age of 10. The UN's recommended international standard is at least 14 and preferably 16 for adult criminal accountability.
When committees consider petitions they typically hear from the petitioner but also seek submissions from others with relevant experience. This week the Justice Committee considering that petition heard evidence from two experts sharing a mountain of experience.
Human Rights Commission EEO Commissioner Saunoamaali'i Dr Karanina Sumeo gives evidence to Parliament's Justice Select Committee while her fellow submitter –Children's Commissioner Judge Frances Eivers, listens. Photo: VNP / Phil Smith
Evidence from the front line
Saunoamaali’i Dr Karanina Sumeo is currently the EEO Commissioner for the Human Rights Commission. Her background includes senior roles in child welfare, social policy, and education.
Appearing alongside her was Children’s Commissioner Judge Frances Eivers. Her background is as a District Court judge and as a lawyer working particularly in Family, Youth and Criminal Courts.
Both were appearing in support of the aims of the petition. Both came with data but they particularly focussed on telling real world stories of offending youth whose typically poor outcomes were markedly improved by being dealt with via alternative justice methods, particularly family group conferences and a restorative justice approach.
Their focus wasn’t entirely the age of offending or of responsibility, but a response to offending that aims to divert a young person from continuing further along a criminal road. They described the causative impacts of abuse and trauma as well as social and cognitive deficits.
Human Rights Commission EEO Commissioner Saunoamaali'i Dr Karanina Sumeo gives evidence to Parliament's Justice Select Committee. Photo: VNP / Phil Smith
Saunoamaali’i Dr Karanina Sumeo drew upon cases from her years in Oranga Tamariki.
“...A story of a young boy. He was 16 years old. A Pacific boy. His family is having a gathering. The next-door neighbours came over and had an altercation. One of the fathers came over, and this young boy assaulted the father. And the consequence was that the father became wheelchair dependent.
“At the family group conference, this young man witnessed his two parents get down on their knees in the process we call Ifoga in Samoa. It is an apology. Get down on their knees and beg this Maori whanau for forgiveness, not only for their son, but for them for failing to prevent their son from doing that.
“And that had a much stronger impact –I argue –than anything that could have happened in court. The son said ‘seeing my mom who had a disability get down on her knees to beg for forgiveness for me was what stopped them’. The lights went on”.
With more experience from the court side of the equation Judge Eivers also described the positive impact of avoiding losing sight of the youth within the traditional retributive justice system.
Children's Commissioner Judge Frances Eivers gives evidence on approaches to Youth Justice to Parliament's Justice Select Committee. Photo: VNP / Phil Smith
Pretty much every MP present had questions including National’s Chris Penk who wanted to know how alternative justice approaches delivered to victims. Judge Frtances Aievers responded.
“The victim’s view and accountability from the offender (whatever their age), is always important. …But when we're dealing with young people… if we want to stop having victims, then we have to address the cause of this offending in young people. And it has to be intensive, and it will be expensive.”
And actually, we're not talking about a huge cohort of mokopuna. We're actually talking about quite a small number. So if we take the …ram-raids. They are mainly in South and West Auckland, Hamilton and Christchurch. The agencies out there on the ground know who they are. And I don't think there's more than about 150.”
“If I just give the example of a family group conference… [the victim] get’s the opportunity to look that person in the eye and say how angry they are. And it's a good thing because that young person sees them as a real person. As someone they've hurt – their uncle, their brother, their nanny, whatever. And often …in the Youth Court context, a family group conference report will come back and the victim will say to that young person, ‘actually you robbed my dairy but I don't want you to live a life of crime. I can see that you're a really good person. You just need the help and you need to support.’ Nine times out of ten that is what the victims do and they’re gracious and they’re forgiving, but we need to get people connected to do that.”
