Noel Ahern (Dublin North West, Fianna Fail)

I am speaking on behalf of the Minister for Justice, Equality and Law Reform who is unfortunately unable to be present. The Minister and I share the Deputy's concerns about anti-social and unlawful behaviour by gangs of youths at Hallowe'en and at other times of the year.

Strong provisions are already in place to combat anti-social and unlawful behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994 which modernised the law in this regard. Furthermore, because of the Minister's concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, he brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. One of the provisions of the Act is to broaden the application of the temporary closure order penalty, which was originally introduced to combat under age drinking, to cover convictions for a series of offences, such as a licensee supplying intoxicating liquor to drunken persons and permitting disorderly conduct on the licensed premises.

The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It provides for the closure of premises such as pubs, off-licences, late night clubs and food premises where there is disorder or noise on or close to the premises, as well as the making of exclusion orders on individuals convicted of a range of public order offences in addition to any penalty they might receive under the Criminal Justice (Public Order) Act 1994.

The Minister takes great satisfaction in the Government's decision of October last year to approve the recruitment of 2,000 additional gardaí to increase the strength of the force to 14,000. The additional resources will be targeted at the areas of greatest need, as is envisaged in An Agreed Programme for Government. The programme identifies, in particular, areas with a significant drugs problem and a large number of public order offences. It will also be possible to address other priorities such as the need to increase significantly the number of gardaí allocated to traffic law enforcement duties.

The Garda budget is now at an historic high level of more than €1.1 billion, representing an increase of 85% in the provision since 1997 when the provision stood at just €600 million. The Minister is pleased to note a reduction in cases of assault causing harm in 2004 compared with 2003. This trend has continued in 2005 with a 10.5% reduction in assaults causing harm in the third quarter compared to the same period last year.

The Minister believes the courts can give valuable support and protection to our communities in tackling anti-social behaviour. In this regard he is finalising legislative proposals to provide for anti-social behaviour orders. The Minister also intends, subject to Government approval, to introduce these proposals as Committee Stage amendments to the Criminal Justice Bill 2004.

Anti-social behaviour orders are not a radical new legal concept. It is a deeply rooted principle of our law that persons should be able to apply to the courts for protection against behaviour which interferes with their basic rights. As a principle it is similar to the existing power of the courts to bind over a person to keep the peace and be of good behaviour.

The Minister's proposal will allow the Garda to apply to the courts by way of civil procedure for an anti-social behaviour order which will prohibit the person who is the subject of the order from behaving in an anti-social way. The orders will be civil orders and the question of an offence will arise only if the person in question wilfully defies the order and continues to engage in the anti-social behaviour which is the subject of the order.

The Minister attaches great importance to the development of a real partnership between the Garda Síochána and local authorities on matters affecting policing. His intention and that of the Oireachtas, as set out in the Garda Síochána Act 2005, is that joint policing committees and local policing fora established under them will provide arenas where the Garda Síochána and local authorities can co-operate and work together to address local policing and other issues.

The Minister has already introduced measures to combat the abuse of alcohol and the public order problems to which it gives rise. In addition, the Minister has recently published the general scheme of the intoxicating liquor Bill 2005 which will carry forward this work. The main purpose of the proposed legislation is to streamline and modernise our liquor licensing laws and will also contain provisions which will combat anti-social behaviour.

I can identify entirely with the points made by the Deputy. Local authorities are being proactive in some areas by providing entertainment or fireworks displays. I agree that it used to be one night but in some communities it continues for a week or a month. I agree with the Deputy's views on the role of parents. The Garda and others can help but some people seem to be of the view that when it comes to 31 October, it is time to go mad. We all have a part to play in getting to grips with this problem. Local authorities can help by trying to focus this energy and attention and have done so in part of my constituency which held a formal, official fireworks display this year. The more significant problem arises later at night when smaller children go home. I agree with the Deputy that serious problems arise in this regard. While much of the legislation is valuable, a more co-operative partnership approach is required at local level to ensure everyone pulls together.

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