Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

I thank Deputy Ellis and the other Deputies who will be contributing to the debate. Everyone in this House would agree that the safety of the public is, and ought to be, a primary concern of any Government, and reflected in all areas of policy. It is, therefore, good to have an opportunity to discuss this issue here in detail. I will start by setting out the actions and systems that are already in place to address the problem identified in the Bill, which can be disturbing in a neighbourhood, damaging to public property and a threat to the safety of ordinary citizens, in particular children and young people.

The misuse of vehicles, as described in this Bill, is a matter the Garda Síochána addresses on a practical level as incidents arise and come to its attention. Effective roads policing is central to the Garda policing plan 2014 and enforcement activities are focused on the main causes of death and serious injuries on our roads. The Garda Síochána conducts specific operations to improve the compliance culture among young male drivers including road traffic enforcement measures targeting incidents of anti-social driving behaviour. The Garda authorities work with the Road Safety Authority and other road safety stakeholders to promote road safety among this target group and conduct Garda road safety awareness programmes in schools and third level institutions.

The Garda Síochána conducts ongoing strategic local enforcement operations targeting dangerous and anti-social driving practices. These enforcement operations are intelligence-led, targeting areas in particular where young male drivers congregate. Regular Garda mobile patrols and checkpoints are also conducted in these areas and websites are monitored to assist in establishing where events are taking place and to implement the necessary operational Garda response. Such operations have resulted in a significant number of young drivers being prosecuted for driving without a learner permit, driving unaccompanied while on a learner permit and driving a vehicle with prohibited modifications.

The Garda Síochána's operational response to this type of crime and anti-social behaviour generally is backed up by a long-standing commitment to working in partnership with local communities, which is supported by the Garda national model of community policing. Under this model, community policing teams are headed up by a sergeant with clear objectives such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies. The policing approach under the national model plays a key part in responding to crime by taking into account and responding to local conditions and needs.

The impact of Garda measures to tackle crime and anti-social behaviour can be seen in the official crime figures from the Central Statistics Office. These have been falling steadily, and the most recent figures, for the 12 month period ending 30 September 2013, show an overall reduction of 7.1%. This includes reductions in the range of offences commonly associated with anti-social behaviour and a decrease of 12.6% in offences relating to the taking of a vehicle. Public order offences also showed a decrease of 15.9%. There is also continuing Garda engagement with local communities by working with local groups under the community alert and neighbourhood watch programmes. There are more than 3,500 such groups around the country.

In January 2013 the Garda Commissioner and the Minister for Justice and Equality launched new Garda community crime prevention guidelines, which contain advice for those wishing to set up community alert, neighbourhood watch or similar groups and on the support local community gardaí can provide. Additionally, a new Garda text alert scheme has also recently been launched with the support of a variety of groups and organisations.

The issues often associated with the misuse of vehicles and anti-social behaviour are ones which may benefit from a collaborative approach between the Garda, local authority and community stakeholders. In this regard, An Garda Síochána continues to participate in a wide range of local fora, including joint policing committees which are established in each local authority area under the Garda Síochána Act 2005. These committees may be an appropriate forum in which to raise particular issues relating to the misuse of vehicles and anti-social behaviour in order that an appropriate collaborative approach can be devised with the support of the relevant local stakeholders. Members of local authorities, with their close contacts with their local communities, are in an excellent position to bring specific concerns to the joint policing committees.

There is a range of strong legislative provisions available to An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts and the Intoxicating Liquor Acts. They include powers to seize alcohol to prevent under-age drinking in public places and to forestall public disorder or damage to property. Section 8 of the Criminal Justice (Public Order) Act 1994 provides that a garda may direct a person who engages in disorderly or anti-social behaviour to leave the area in question. Failure to comply with the direction is an offence punishable by a fine or up to six months imprisonment, or both. Incidents of public disorder and other forms of anti-social behaviour are also dealt with by way of a juvenile or adult caution, fixed charge penalty notice or initiating criminal proceedings. Provisions for civil proceedings relating to anti-social behaviour are also available under the Criminal Justice Act 2006, Part 11 of which provides for civil proceedings relating to anti-social behaviour by adults, while Part 13 relates to anti-social behaviour by children. These provisions set out an incremental procedure for addressing anti-social behaviour. With regard to children, they range from a warning by a member of An Garda Síochána and a good behaviour contract involving the child and his or her parents or guardian to referral to the Garda juvenile diversion programme and the making of a behaviour order by the Children Court. With regard to adults, provisions include a warning and the making of a civil order by the court.

Gardaí are playing an essential role in addressing factors contributing to local crime and anti-social behaviour concerns by making considerable efforts to divert young people from offending and being drawn into gang activity. This is illustrated through the Garda diversion programme and a network of 100 Garda youth diversion projects nationwide. The diversion programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The aim of the programme is to deal with juveniles who offend by way of administering a formal or an informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The programme embraces, whenever possible, the principles of restorative justice and has due regard to the needs of the victims of youth offending. The Garda youth diversion projects are community-based, multi-agency, crime prevention initiatives designed to engage with and seek to divert young people from becoming involved in or further involved in anti-social or criminal behaviour. They are staffed by two youth justice workers and managed locally by community-based organisations working with a local project committee which is chaired by the local Garda district officer. They aim to bring about the conditions where the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the project.

An Garda Síochána has advised that it is its view that the Bill is non-specific in what it offers to attempt to deal with or the power it attempts to provide towards investigation. The intended wording may prove problematic and it is the view of the Garda that current legislation adequately provides for the investigation of offences connected with the use of mechanically propelled vehicles under road traffic Acts, as amended. It is clear that there is a very wide a range of approaches already available to An Garda Síochána and communities, either directly or via their local authority, to address the problem the Bill is seeking to consider. There are clear and adequate systems and structures in place, integrated with other measures in criminal law, supports for communities and diversionary approaches for those at risk of offending. The Bill runs the risk of diverting valuable resources from these integrated measures to actions that could only be focused on one symptom of wider problems in some communities. Accordingly, the Government is opposed to approving the Bill on Second Stage.

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