Dáil debates

Wednesday, 5 November 2008

10:00 pm

Photo of Mary WallaceMary Wallace (Meath East, Fianna Fail)

I thank the Deputy for raising this matter on the Adjournment. The Minister for Justice, Equality and Law Reform regrets that he cannot be present due to other business, but he assures the Deputy that he shares his concerns and those of all right thinking people about anti-social and unlawful behaviour at Hallowe'en and at any other time.

The overwhelming majority of people celebrated an enjoyable and peaceful Hallowe'en. However, a small minority engaged in behaviour which was anti-social and criminal and caused injury and danger to others and wanton damage to property, as described by the Deputy. In particular, I condemn the attacks on members of the emergency services who were performing their duty and wish those injured a speedy recovery. Since the Criminal Justice Act 2006, such behaviour is punishable by up to seven years' imprisonment or a fine or both.

The Garda authorities take proactive steps to combat anti-social and criminal behaviour around Hallowe'en by putting Operation Tombola in place, as the Deputy mentioned. A few weeks ago the Minister spoke with the Garda Commissioner about intensifying the campaign this year. Operational orders were put in place in every Garda region, in particular in the Dublin metropolitan region and Border divisions, to prevent and detect the organised importation for sale of fireworks in the lead up to Hallowe'en and to police the Hallowe'en period. The penalties for these offences have been significantly increased. Proactive policing arrangements were in place which covered the period up to and including the night of 31 October. Additional patrols were carried out by uniform personnel as part of high-visibility policing initiatives, supported by plain-clothes personnel, including district detective and drug units, divisional crime task forces, traffic corps personnel, community policing and mountain bike units.

The Garda Síochána also engaged with local communities, local authorities and other stakeholders, such as Dublin Bus, in putting in place plans to address the issues that arise around the Hallowe'en period. They also put in place liaison arrangements for the removal of identified stockpiles of combustible materials. Through the schools programme and other local programmes, members of the Garda Síochána publicised the message that fireworks are illegal and highlighted the dangers associated with illegally imported fireworks. The Garda also advised managers of off-licences to ensure their staff were made aware of their obligations under licensing legislation relating to the sale of alcohol, in particular to under age persons.

Members of the Garda Síochána from local community policing units were instructed to liaise with local authorities and local residents to ensure that any information received regarding bonfires and other anti-social behaviour was acted upon in advance of Hallowe'en. During this period additional public order patrols were also directed to pay particular attention to areas where anti-social behaviour and drinking in public might occur.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

The Intoxicating Liquor Act 2008 gives further powers to the Garda to tackle misuse of alcohol, which is too often at the root of crime and anti-social behaviour. Gardaí now have the power to seize alcohol in the possession of an under 18 year old which they suspect is for consumption in a public place. They can also seize alcohol where they reasonably believe there is the danger of public disorder or damage to property and require the person to leave the place. They also now have the power to issue fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place. These notices will lead to a more efficient and effective use of Garda resources and avoid court proceedings where an offender pays the penalty.

In recent years the expansion in the size of the Garda Síochána has been unprecedented. From the start of this year to the end of 2009, the attested strength of the force will have grown by more than 1,100 to almost 14,900. This will represent an 8% increase. The additional rostered hours available next year arising from the increase in the strength of the force will amount to more than 1 million hours. This will more than offset the planned reduction in overtime hours.

The Minister strongly believes that the joint policing committees set up under the Garda Síochána Act 2005 will play a significant role in tackling anti-social and criminal behaviour. On 24 September, along with his colleague the Minister for the Environment, Heritage and Local Government, he launched the roll-out of the committees to all local authorities where a committee is not already established under the initial pilot phase. Over time, the committees will make an enormous contribution to keeping our communities safe, since they represent a partnership between the people, through their elected representatives, and the Garda Síochána in preventing and tackling crime and anti-social behaviour.

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