Joe Costello (Dublin Central, Labour)
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Hallowe'en, a traditional time for religious commemoration, being the eve of the feast of All Saints, has become an occasion for serious anti-social behaviour. In my constituency of Dublin Central a factory was burnt in the docklands and a restaurant in Phibsboro in suspicious circumstances which suggest arson. A fire brigade was stoned while dealing with a bonfire in Sheriff Street and a fireman was injured in the eye. Some 12 men were arrested and two gardaí had their noses broken on Dorset Street. Rioting occurred in O'Devaney Gardens. Some gardaí were effectively imprisoned for some time and a number of unoccupied flats were set on fire. The Dublin Fire Service was called out to 800 incidents in the city and the ambulance service received 500 calls.

The clean up bill alone is estimated to cost more than €1 million to the taxpayer. Property damage would run into further millions. The bonfires in the green areas of estates have caused an ugly scar which, as the Acting Chairman will know, remains there throughout the year until next Hallowe'en. All this happened despite a co-ordinated attempt by the Garda and the local authority to seize tyres and pallets from youths who were hoarding them. Approximately 100 tonnes were seized in Dublin city and in one rear garden alone in Sheriff Street approximately 250 tyres, some large tractor tyres, were seized by the city council in the run-up to Hallowe'en.

It seems that the current policy is not working. I tabled a question two weeks prior to Hallowe'en asking the Minister for Justice, Equality and Law Reform what he proposed to do this year. Operation Tombola was put in action again, with all the levels of consultation, liaison, seizures and so on, but clearly it is not effective. We need to put together a more comprehensive, co-ordinated plan to deal with the Hallowe'en mayhem that now is occurring not only in Dublin but throughout the country. There is almost a mindset among the youth of the country that Hallowe'en is an opportunity for violence and anti-social behaviour, that anything goes and that the authorities can be attacked at will.

Solutions must be found concerning the matter of fireworks. Fireworks are legal in Northern Ireland, while they are illegal in the Republic. The Minister for Justice, Equality and Law Reform — as I have said to successive Ministers over the years — must agree a set of proposals with his counterpart in Northern Ireland. He should try to synchronise the legislation between the two parts of the island. It is not rocket science. If fireworks can be sold legally in one part of the island and not in the other part, they will be sold, smuggled or brought across the Border. It is a simple matter of trying to deal with that by way of some cross-Border co-operation.

It is time to prosecute those business people who do not recycle pallets and tyres as they are obliged to do by law. As a result, they are "stolen" by youths for bonfires so that they do not have to pay the cost of recycling. The cost of recycling a standard car tyre is €4 or €5 and they are supposed to be dealt with properly. However, they are made available by the garages and the various businesses that deal with them. That also applies to pallets, wood and so on. Hallowe'en is a clean up time for businesses which do not want to pay the cost of recycling. Rather than seizing those goods that have been hoarded by youths, the way to stop such practice is to ensure the emphasis is put on prosecuting those who are making such goods available to these young people in the first instance.

It is unacceptable that the emergency services personnel become targets for assault while providing emergency services to the community. Such behaviour must be severely sanctioned. In this respect, it is very important that parents play their proper role in ensuring that their children are not involved in late night activities and anti-social behaviour at Hallowe'en.

In terms of the sale of the alcohol to minors, there is no doubt that there is no other time in the year younger children are to be found drinking alcohol throughout the city. Children as young as 12, 13 and 14 years of age have cans of alcohol. Clearly, such alcohol is being made available. On Hallowe'en eve I saw youngsters who were clearly under age carrying packs and bags of alcohol from a particular supermarket. This problem requires good Garda policing to ensure it is addressed. What is needed is a mechanism to identify the venues from which such alcohol is sold when it is to be found in the hands of minors. We need a labelling mechanism to do that.

While the local authority and the Garda are to complimented on what they have done in terms of activities were for the pre-teenagers, there was nothing available for the post-teenagers or for the teenager themselves. That area must be looked at. We need a comprehensive programme to deal with this matter for the coming year.

Mary Wallace (Meath East, Fianna Fail)
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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.