Brendan Howlin (Wexford, Labour)

Is that where the term originates? I only heard it for the first time during the week. These super ASBOs have a role, but they are probably too vague as proposed in the Bill and could be refined rather than abandoned.

Amendment No. 88 seeks to insert a right of appeal. The section does not currently provide for a right of appeal and is defective in that regard. I suggest that on page 22, after section 11, we insert a new section 12 to read: "(12) The offender or the prosecutor may appeal to the Court of Criminal Appeal against a decision of the court referred to in subsection (1) as to whether to make or not to make a crime prevention order or as to the terms of the order." This amendment might capture the issue of an oversight in terms of the vague power conveyed. If there was a case where an unreasonable imposition was made, there would first be a requirement in justice for an appeals mechanism and, second, some mechanism for a second opinion on the terms of the crime prevention order, particularly if it was outrageously broad, unreasonable, overly burdensome or did not properly take into account certain factors in determining it. This would give people more confidence in the orders, would certainly do no harm to the concept and would make them more robust and just.

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