United kingdom overseas territories and crown dependencies summary reports

53. 
    The information provided in paragraph 90 of the initial report is still applicable. However, the Department of Education is in the process of developing an integrated policy for further education, vocational training and higher education which is intended to produce a comprehensive programme of initial, continuing, updating and re-training opportunities in all areas of economic activity to address existing skill gaps and create those skills which will drive the economy of the future.
    
54. 
    The number of youth clubs maintained by the Department has increased from 17 to 22. These cater for children aged 11 – 13 years. The Department also maintains a total 17 Play Clubs, which cater for children aged 8 – 11 years, together with an Outdoor Education Centre and 15 special projects involving work with young people on the Island.
    
55. 
    In order to increase higher education opportunities for students in the Isle of Man, particularly those seeking employment-related programmes, the Department recently assumed responsibility for the Isle of Man International
    

Business School and has encouraged both it and the Isle of Man College to develop advanced courses.

56. 
    The Department’s contract with INCLUDE, referred to by the Committee in paragraph 34 of the Concluding Observations, has not been renewed. Instead, additional resources have been made available to schools to enable them to provide in-school support for pupils with emotional or behavioural concerns, and specialist behavioural support centres (one for pupils of secondary school age and a second for those of primary school age) have been established to cater for those pupils whose behavioural needs cannot be satisfactorily addressed within their own school community.
    
57. 
    Following an external review of its Special Needs and Psychology Service, in February 2007 the Department of Education announced the drawing up of action plan to further improve the Department’s performance in this area.
    
58. 
    Apart from facilities at schools, the Department of Tourism and Leisure provides and promotes opportunities and access for residents and visitors to participate in quality leisure, recreation, sports and the arts. Children and young people are especially targeted in the promotion of sporting and leisure opportunities The Department of Tourism and Leisure developed a £20 million National Sports Centre, which is highly accessible to children, both through schools and clubs and individually. Participation in sport by all sections of the community, including children, is actively promoted through the Sports Development Programme, with the parallel objective of assisting in the achievement of sporting potential. A Sporting and Healthy Schools Partnership has been formed to reflect the need to promote a healthier lifestyle and increased levels of physical activity amongst children and young people.
    

59. 
    Following the deaths of two young people in the care of Government in 2002, the Council of Ministers established a Commission of Inquiry into the Care of Young People. The Commission reported in May 2006 and consideration and implementation of the Report’s 132 recommendations is progressing.
    
60. 
    Under section 70 of the Children and Young Persons Act 2001 it is conclusively presumed that no child under the age of 10 years can be guilty of an offence, but it cannot be presumed that a child age 10 years or older is incapable of committing an offence. The Isle of Man Government noted the concern expressed by the Committee in paragraphs 18 and 19 of the Concluding Observations in respect of this proposal. However, the Government believes that there are protections built into the 2001 Act for children aged 10 years and older who are accused of an offence and there
    

are presently no plans to raise the age of criminal responsibility, which is the same as that in the United Kingdom.

61. 
    The reference to s.28 of the CYPA 1966 in paragraph 104 of the initial report is no longer valid. This provision has been replaced and expanded upon by s.76 of CYPA 2001. Where a child under 17 is committed to an ordinary court for trial, he is to be released on bail except in cases of homicide or if the court is of the opinion that only his detention in custody would be adequate to protect members of the public from death or serious personal injury occasioned by offences committed by him (CYPA 2001, sect.76(2)). A child may be remanded to accommodation provided by the DHSS where he is at risk of suffering significant harm or poses a risk of harm to the public (CYPA 2001, sect.76(3)).
    
62. 
    The Department of Health and Social Security is required by Manx law in dealing with a child or young person who is brought before the court, either as being in need of care or protection or as an offender or otherwise, to safeguard and promote his welfare, maintain him, advise, assist and befriend him with a view to promoting his welfare after he ceases to be looked after by the Department of Health and Social Security.
    
63. 
    Various government and independent agencies work to aid the physical and psychological recovery and social reintegration of child victims. A key role in developing effective joint working and developing skills in this area is undertaken by the Island Child Protection Committee. Its principle tasks are to monitor and review inter-agency procedures, promote inter-agency training, identify issues from the handling of cases and to ensure proper public awareness of child protection issues.
    
64. 
    The Department of Home Affairs worked closely with the Department of Health and Social Security in 2003 to provide for all children and young people, aged (or sentenced whilst) under seventeen years, to be accommodated in the new young person’s secure unit at White Hoe.
    
65. 
    Youth Crime was down from 295 arrests in 2004/5 to 289 arrests in 2005/6. Referrals to the Youth Justice Team rose from 595 in 2004/5 to 651 in 2005/6.
    
66. 
    There is a scheme in place to actively help and support youths from pre-crime intervention through to post court conviction and supervision orders. Cases are usually referred to them via a partner agency. They consider the referral, analyse the facts and determine the appropriate response.
    

67. 
    There are very few youths who have been given a custodial sentence. The Youth Justice Team and St. Christopher’s Fellowship who are the service providers for the secure unit have developed an agreement regarding young persons remanded in custody.
    

68. 
    A major review of the Island’s legislation governing the employment of children resulted in the introduction, in 2005, of new statutory provision in this area – the Employment of Children Regulations 2005. No child under 13 years of age may now be employed in the Island and children aged 13 – 14 years are only permitted to undertake light work. Certain types of work are prohibited in the case of all young people under 18 years of age, and restrictions apply to the employment of children who are still of compulsory school age. In addition, legislation designed to offer added protection to children performing in film, TV and stage productions in the Isle of Man was introduced a year earlier, in 2004 (the Performances by Children Regulations 2004).
    
69. 
    The Department of Education employs a full-time Drug and Alcohol Liaison Officer whose main responsibilities include providing guidance to schools regarding drug or substance abuse (including alcohol and tobacco) among young people and liaising with other relevant Government agencies.
    
70. 
    Paragraph 37 of the Concluding Observations refers to the current reservation to Article 32 of the Convention and also to ILO Conventions No. 138 and No. 182. Preliminary consideration has been given to both the withdrawal of the reservation and the extension of the ILO Conventions to the Island. Further consideration will be given to these matters with a view to a decision being taken during 2007.
    
71. 
    In addition to the updating of the Island’s Drug Strategy, there is a drug arrest referral scheme mainly for adults but where young people are concerned they are referred to the Young People worker in the drug and alcohol team. There is also a juvenile alcohol referral scheme which is also a multi-agency response to alcohol-related problems and involves the youth justice team members with both statutory and non statutory agencies working with young people and their parents.
    

72. 
    In paragraph 43 of the Concluding Observations the Committee recommended that the State party consider ratifying and extending to the Isle of Man the two Optional Protocols to the Convention. The decision of the State party on the ratification of the Optional Protocols is not a matter for the Isle of Man Government.