Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

It will come as no surprise that I do not agree with the Minister on this occasion. While his definition of anti-social behaviour orders is a marginal improvement on that used by the British, many core problems remain and it is still too vague. I welcome that the two aspects were separated, although I oppose the concept of ASBOs.

The section treats the alleged behaviour as if it were a proven fact rather than an allegation. While there are provisions for a meeting of the child and others with the Garda superintendent where the superintendent is satisfied that the child behaved in an anti-social manner, there is no stated provision dealing with a situation where the superintendent is not satisfied the child behaved in such a manner and that the behaviour order administered by the Garda would have to be revoked.

Many practical difficulties with this section have not been properly teased out. There are no provisions to monitor the gardaí administering these warnings or for steps to be taken against gardaí who abuse their power and administer the warnings on false grounds. This is necessary in the interests of the child as well as in the interests of the Garda Síochána and public confidence.

A question which has not been addressed and probably will not be is whether the new volunteers in the Garda reserve have the power to issue such warnings——

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