John Moloney (Laois-Offaly, Fianna Fail)

I apologise to Deputy Costello for the absence of the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, this evening. I thank the Deputy for raising this matter on the Adjournment. The Minister shares his view, and that of communities throughout the country, that anti-social behaviour at Hallowe'en must be prevented to the greatest extent possible and kept under control.

The Garda authorities take proactive steps each year to combat anti-social and criminal behaviour around Hallowe'en by putting specific provisions in place and will do so again this year. Particular attention will be paid, especially in the Dublin metropolitan region and Border divisions, to prevent and detect the organised importation for sale of fireworks in the lead up to Hallowe'en. Since the enactment of the Criminal Justice Act 2006, it is an offence for any person to possess a firework with intent to sell or supply, without a licence; to throw an ignited firework at any person or property; and to light unlicensed fireworks in a public place. The penalties for those offences have also been significantly increased.

Proactive policing arrangements will be in place to cover the period up to, and the night of, Hallowe'en. Additional patrols will be carried out, as considered necessary by Garda management, by uniformed personnel as part of high-visibility policing initiatives, supported by district detective and drug units, divisional crime task forces, traffic corps personnel and community policing and mountain bike units.

The Garda Síochána also engages with local communities, local authorities and other stakeholders, such as Dublin Bus, in putting plans in place to address issues that arise around the Hallowe'en period. It puts liaison arrangements in place for the removal of identified stockpiles of combustible materials. Through the schools programme and other local programmes, members of the Garda Síochána publicise the message that fireworks are illegal and highlight the dangers associated with illegally imported fireworks. Gardaí also advise managers of off-licences to ensure that their staff are made aware of their obligations under licensing legislation relating to the sale of alcohol, in particular to under age persons.

Members of the Garda Síochána from local community policing units ensure that any information received regarding bonfires and other anti-social behaviour is acted upon in advance of Hallowe'en. During this period additional public order patrols will, as necessary, be directed to pay particular attention to areas where anti-social behaviour and drinking in public might occur.

More generally, all members of the Garda Síochána proactively target public disorder and anti-social behaviour. Areas identified as public order hot spots by local Garda management are the subject of additional foot and mobile patrols. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately in accordance with the law. More than 643,000 offences have been detected since the commencement of Operation Encounter by the then Commissioner in February 2002 to target public disorder and anti-social behaviour against the local and business communities, with particular emphasis on alcohol-related behaviour.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in that regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

The Intoxicating Liquor Act 2008 gives further powers to the Garda to tackle misuse of alcohol, which is too often at the root of crime and anti-social behaviour. Gardaí now have the power to seize alcohol in the possession of under-18 year olds which they suspect is for consumption in a public place. They can also seize alcohol where they reasonably believe there is a danger of public disorder or damage to property and require a person to leave the place. They also now have the power to issue fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place. These notices will lead to a more efficient and effective use of Garda resources and avoid court proceedings where an offender pays the penalty.

The Criminal Justice Act 2006 strengthened the Criminal Justice (Public Order) Act 1994 to make it an offence to assault, or to threaten to assault, or to impede medical personnel in a hospital, people assisting such personnel, a member of the Garda Síochána, a prison officer and a member of the Defence Forces, members of the fire brigade and ambulance personnel.

I am confident that the Garda Commissioner will deploy the considerable resources of personnel and equipment available to him to combat the anti-social behaviour which unfortunately is apt to take place during the Hallowe'en period.

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