Michael McDowell (Dublin South East, Progressive Democrats)

While obviously it is difficult to predict in advance the extent to which ASBOs will be resorted to, there is absolutely no question of a lack of resources inhibiting the effective operation of ASBOs.

I directed the commencement of Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings for anti-social behaviour by adults, on 1 January 2007. The application by the Garda Síochána to the courts for a civil order comes at the end of a process. The first step in the procedure is that a member of the Garda Síochána issues a behaviour warning to a person who has behaved in an anti-social manner. The behaviour warning warns the person that failure to comply with the demand may result in an application to the courts for a civil order or that issuing of a subsequent behaviour order might also result in an application to the courts for a civil order. If a behaviour warning or a series of warnings does not result in the person changing his or her behaviour, the Garda Síochána may apply to the District Court for a civil order to prohibit the person from doing anything specified in the order. An order will remain in force for a period specified in the order, which cannot be longer than two years. If no period is specified, an order will remain in force for two years. The penalties for breach of an order are a fine not exceeding €3,000 or a maximum of six months imprisonment or both.

I commenced Part 13 of the Act relating to anti-social behaviour by children on 1 March 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by children, including: a warning from a member of the Garda Síochána; a good behaviour contract involving the child and his or her parents or guardian; referral to the Garda juvenile diversion programme; and the making of a behaviour order by the Children Court.

I am advised by the Garda authorities that the number of behaviour warnings recorded since 1 January 2007 is 21. There have been no civil orders for adults or behaviour orders for children sought in this period, which is to be expected in view of what I have just told the House. For both adults and children, a behaviour warning remains in place for three months from date of issue. For children specifically, a good behaviour contract lasts for six months, but may be renewed for a further three months. The approach the legislation adopts is to make every effort so that the child and his or her parents or guardian address the child's behavioural problems in a way that minimises contact with the courts system. The Act ensures there is full parental involvement at all relevant stages. It is therefore highly unlikely that a Garda officer would apply for a civil order or a behaviour order before the end of these periods.

Additional information not given on the floor of the House.

I am confident the Garda Síochána has the resources to operate the provisions of the Act.

The detailed allocation of Garda resources, including the allocation of personnel to various units is a matter for the Garda authorities. The deployment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, is continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the public.

In December 2006, I announced Government approval for 300 additional civilian support staff for the Garda Síochána to release an equal number of gardaí from administrative duties and free them up for operational policing duties. The Garda Commissioner has signed a service level agreement with the Public Appointments Service for the provision of candidates on a weekly basis to be offered positions in the Garda Síochána until the 300 clerical officer posts are filled. Since the beginning of the year, 93 additional clerical officers have been appointed to the Garda Síochána, and a further 46 persons have been offered a clerical officer post. It is anticipated that some of the newly recruited clerical officers will carry out administrative tasks on the administration of the provisions of the legislation.

I am informed by the Garda authorities that the personnel strength, all ranks, of the Garda Síochána increased to a record 13,178, following the attestation of 273 new members on 14 March 2007. This compares with a total strength of 10,702, all ranks, on 30 June 1997 and represents an increase of 2,776, more than 23% in the personnel strength of the force during that period. The combined strength, all ranks, of both attested gardaí and recruits in training on 14 March was 14,258. Furthermore, on 19 December 2006 as part of the package of anti-crime measures, the Government approved the continuation of the existing Garda recruitment programme to achieve a total Garda strength of 15,000. The accelerated intake of approximately 1,100 new recruits per annum into the Garda College will continue until this target is met. The Garda budget now stands at €1.4 billion, an 11% increase on 2006 and its highest level ever.

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