Michael McDowell (Dublin South East, Progressive Democrats)

The Deputy has a somewhat mathematical approach to the matter. I cannot say in advance, nor can anybody make an intelligent guess as to the level of resources that would be applied unless we came to a conclusion on how many such orders would be issued. If I were asked in December how many orders would be issued by the start of April, I could not have predicted whether it would have been 21 or 221. I was not in a position to say that. Local Garda superintendents take a very shrewd and experienced view on what they want to do with their resources. They need to make decisions on community policing and other issues, including whether it is appropriate to issue an ASBO in a particular case or to use the conventional criminal law.

For instance vandalising a phone kiosk is not anti-social behaviour; it is a criminal offence. For a garda who is aware that an individual has behaved in that way, I do not believe it is appropriate — I venture my opinion — to regard that simply as anti-social behaviour. It is something more serious; it is a criminal offence. I do not suggest that it needs to proceed to a criminal trial. On some occasions the youth diversion programme might represent the appropriate approach to keep children out of trouble and juvenile liaison officers may be the appropriate people to address such matters. The Deputy's question presupposes that someone sat down at a desk and decided that 400 orders would be issued by June 2007, consuming 380 man-hours which would be taken from the community-policing budget. That kind of operation does not take place. If we were to decide to change the limits for drink driving, nobody would sit down to decide how many additional prosecutions would take place because they do not know. The Garda makes a decision based on policy and afterwards it ascertains how the offence carries through. While I am not trying to avoid the Deputy's question, I have a sneaking suspicion that she does not like ASBOs at all.

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