John McGuinness (Carlow-Kilkenny, Fianna Fail)

In general I welcome the content of this Bill. The Bill has some aspects that I am concerned about and some aspects I would like to see debated fully. Some of the suggestions made by the Minister regarding additions to the Bill need to be teased out, perhaps on Committee Stage. This is where that will be done. The Minister and those who represent him here during this debate should take note of some of the concerns expressed and suggestions put forward in an effort to improve what is very important legislation.

There is no doubt that in the context of contemporary society there is a need for strong legislation in this area. Decent people within our communities are affected on a daily basis by serious crime, vandalism of one kind or another and anti-social behaviour, which is the biggest problem facing every one of us and the communities we represent. The Bill speaks heavily of all of the penalties for those found guilty.

In the context of the unfolding debate on the report of the Morris tribunal, we need to focus on the side of the citizen who might find reason for complaint about some aspects of the implementation of this law and how they are treated. I refer to the Butler case in Kilkenny. The way in which the family's complaint was handled by the current arrangement within An Garda Síochána was entirely unsatisfactory. The hearing the family received was extremely poor, did not recognise the complaint made or address the issues raised. The family received a very poor response from the Garda authorities and the complaint unit that exists within An Garda Síochána. I urge the Minister, as I did in a previous debate, to respond in a more positive and proactive way to the correspondence I sent on behalf of the family to the Department of Justice, Equality and Law Reform. I encourage him to conduct a separate investigation into the issues raised to ensure justice is done with regard to the death of that young man on a road in Kilkenny. Essentially, what is in question is the quality and thoroughness of the investigation into the young man's death. I am flagging the issue for the Minister and am asking him again in a constructive way to look at the correspondence I sent his Department and determine if the family can be assisted in any other way.

One of the specific issues mentioned by the Minister was anti-social behaviour orders. I fully support strengthening the Garda position in dealing with those who are involved in anti-social behaviour but this is a blunt instrument and it should not be applied in the way suggested. It is insufficiently defined and significant harm could be done to young people in this country. It is the wrong way to deal with anti-social behaviour. We should examine the legislation that is already in place but not implemented. This Bill offers an ideal opportunity to examine that legislation and to spend the money where it needs to be spent, that is, in supporting gardaí in a positive way and, in turn, extending that support to the communities we represent.

Community policing has been greatly praised in debates in this House but it is hugely under-resourced. As soon as there is a community garda in the community, he is changed or shifted or his tasks are re-prioritised so he has little or no time for the community aspect of his work. In many cases, gardaí have been instrumental in stewarding young people who have gone off the rails, as it were, back into a normal code of conduct that is acceptable in the community.

The system in the UK is often offered as an example of the use of anti-social behaviour orders. However, a number of areas in the UK take a different approach to the concept. There is a softer approach in the initial phases. All the legislation in that regard and, in particular, the relevant funding must be examined. A partnership must be established between the local branch of the Health Service Executive, the local authorities, the Garda and the communities but that is not happening on a wide scale. If one writes to the local authority or the Health Service Executive about an anti-social behaviour matter, one will be referred to the Garda. If one talks to the Garda about it, they are simply under-resourced. They do not have the community gardaí needed to deal with this growing problem. It is an issue that must be tackled but I do not believe the blunt instrument of anti-social behaviour orders is the mechanism by which we will achieve greater co-operation within our communities. The Minister should take note of that.

It is a pity that in tandem with the debate on this Bill a public debate is taking place outside the House about the liquor licensing proposals. Discussing anti-social behaviour on the one hand and establishing café bars throughout the country on the other does not exactly gel. I do not know who came up with the idea of café bars but it certainly did not arise in my constituency and it would not relate to my constituency.

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