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

I thank Deputies for their contributions which were quite genuine and informative. There are a few basic points I wish to deal with. Much emphasis was put on the Garda Síochána. I was quite clear and I outlined the position in my opening statement. I was questioned on where the Garda came from, and from what level of the Garda the information came. The information arrived this morning from the Garda Commissioner's office in the Phoenix Park. The view of the Garda Síochána, as I made clear, is that there are sufficient powers available to them under existing legislation and that there are serious problems inherent in the draft Bill, as presented to the House. That is the view of the Garda in black and white and I have no problem putting that on the record of the House.

I did not deny at any stage that there was a problem in some communities. This problem is being addressed by the Garda. The fact is that I mentioned this in my opening address. 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. That is in the legislation. Failure to comply with the direction is an offence, punishable by a fine or up to six months imprisonment, or both. These are the facts. That is why I stated in my opening remarks that there are other ways of doing it.

There is no point in introducing extra legislation and believing that it will solve every problem. That is the issue. There are other ways of dealing with it.

Deputy Ó Snodaigh referred to Clonmel. I do not know if he is relying on his memory or it is good research, but it is true that there was an issue. It was dealt with, and fair play to the gardaí who dealt with it in co-operation with the local community. They did not fob it off.

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