Brian O'Shea (Waterford, Labour)
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The phenomenon of gangs of hooded youths engaging in serious anti-social, intimidating, dangerous and unlawful behaviour is a serious aspect of urban life today and requires urgent attention by way of appropriate legislation and other measures. This was brought home to me in forceful fashion by events in the town in which I live, Tramore, County Waterford, in the lead-up to and at Hallowe'en this year. Many people in Tramore are left in a state of shock, anger and not a little fear. Tramore is essentially a well-policed law-abiding town not unlike many other towns of its type throughout the country. However, for some reason this year saw a marked increase in widespread serious disorder and anti-social activity.

The following is a description of some of the main aspects of this wholly unacceptable and intimidatory behaviour. Gangs of youths wearing hoods and Hallowe'en masks gathered at street corners and threw eggs at cars. Similar gangs threw eggs and stones at houses in housing estates. Bangers and other fireworks were let off in the public street. I understand an incident occurred where a gate pier outside a residence was damaged when a banger exploded. It was reported that a banger struck a girl on the shoulder and cleared a wall to land in somebody's garden. Gangs of youths threw onions, potatoes, tomatoes and eggs at passing motorists on the Ring Road. A hooded gang of approximately 40 people intimidated motorists by standing in the middle of the road without moving. Objects were thrown at passing cars near a major roundabout. Gangs of approximately 30 youths ran screaming and shouting and threw eggs at passing cars. Rubbish bins were overturned and a supermarket window was broken. It was also reported that gangs of up to 60 to 100 youths gathered at different times throughout Hallowe'en night in Tramore.

My recollections of Halloween until relatively recently are of a festival of good natured fun involving all the community, young and old. It used to be a time when young children called door to door collecting fruit, nuts and money and they were warmly welcomed and did their party piece in return. I was horrified to hear today of a six year old who dreads the month of October because of the bangers going off constantly.

Fireworks are an issue which I understand the Minister has indicated he intends to address. They are illegal in this State but are smuggled by the vanload or bootload from north of the Border. Some call for an outright banning of fireworks but I would consider this overkill. What is needed is strict control of their use. I understand that the legislation governing fireworks is 150 years old and that fines are derisory. I further understand that while fireworks can be confiscated from the person in possession of what is an explosive, that person cannot be charged with any offence. I look forward to the early publication of the detailed proposals of the Minister for Justice, Equality and Law Reform on the proper control of fireworks.

The issue of so-called hoodies also requires urgent attention. Many members of the community wear hoods so that there are difficulties in making it illegal to wear them where they are obviously being used to frustrate identification in situations where crimes are being committed or where there are breaches of public order. These hoods, which are as effective as balaclavas, also significantly reduce the effectiveness of CCTV. Ingenious measures are urgently required to curb hoodie activity which is a particularly intimidating and frightening aspect of crime and anti-social behaviour.

I am informed that in the main the gangs I have described are made up mainly of boys and some girls, in the 13 to 16 year old age group. Parents have a major role to play in dealing with the problem of hooded gangs of youths. Parents of children in this age group should ask themselves whether they know where their children are at night. Parents who are aware their children are collecting bangers, fireworks, eggs, onions and potatoes in October and early November should take appropriate action to ensure their offspring do not intimidate or endanger others or damage property. Where parents are clearly in dereliction of their duty in the public conduct of their children, there is a need for appropriate sanctions to ensure that they face up to their responsibilities.

I have described a particular problem in Tramore at a particular time but the underlying problems with the hoodie culture are countrywide and happen all year. The Leas-Cheann Comhairle can verify that on Hallowe'en night a fire tender was attacked in Kilkenny. The windscreen was smashed and two members of the fire service had to have hospital treatment, albeit for minor injuries.

Enough is enough. Parents need to take responsibility for their children who intimidate others and causing them suffering. If parents do not do so, the State must intervene. The Garda must be given every support by the State, legislative and otherwise, to deal effectively with this serious erosion of the quality of life of many. Restorative justice, where the perpetrators are compelled to restore the physical damage they have done and are also brought face to face with their victims, is an avenue which must be actively pursued. This is about giving communities back to the people and restoring formerly happy occasions like Hallowe'en to what they used to be.

Noel Ahern (Dublin North West, Fianna Fail)
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I am speaking on behalf of the Minister for Justice, Equality and Law Reform who is unfortunately unable to be present. The Minister and I share the Deputy's concerns about anti-social and unlawful behaviour by gangs of youths at Hallowe'en and at other times of the year.

Strong provisions are already in place to combat anti-social and unlawful behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994 which modernised the law in this regard. Furthermore, because of the Minister's concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, he brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. One of the provisions of the Act is to broaden the application of the temporary closure order penalty, which was originally introduced to combat under age drinking, to cover convictions for a series of offences, such as a licensee supplying intoxicating liquor to drunken persons and permitting disorderly conduct on the licensed premises.

The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It provides for the closure of premises such as pubs, off-licences, late night clubs and food premises where there is disorder or noise on or close to the premises, as well as the making of exclusion orders on individuals convicted of a range of public order offences in addition to any penalty they might receive under the Criminal Justice (Public Order) Act 1994.

The Minister takes great satisfaction in the Government's decision of October last year to approve the recruitment of 2,000 additional gardaí to increase the strength of the force to 14,000. The additional resources will be targeted at the areas of greatest need, as is envisaged in An Agreed Programme for Government. The programme identifies, in particular, areas with a significant drugs problem and a large number of public order offences. It will also be possible to address other priorities such as the need to increase significantly the number of gardaí allocated to traffic law enforcement duties.

The Garda budget is now at an historic high level of more than €1.1 billion, representing an increase of 85% in the provision since 1997 when the provision stood at just €600 million. The Minister is pleased to note a reduction in cases of assault causing harm in 2004 compared with 2003. This trend has continued in 2005 with a 10.5% reduction in assaults causing harm in the third quarter compared to the same period last year.

The Minister believes the courts can give valuable support and protection to our communities in tackling anti-social behaviour. In this regard he is finalising legislative proposals to provide for anti-social behaviour orders. The Minister also intends, subject to Government approval, to introduce these proposals as Committee Stage amendments to the Criminal Justice Bill 2004.

Anti-social behaviour orders are not a radical new legal concept. It is a deeply rooted principle of our law that persons should be able to apply to the courts for protection against behaviour which interferes with their basic rights. As a principle it is similar to the existing power of the courts to bind over a person to keep the peace and be of good behaviour.

The Minister's proposal will allow the Garda to apply to the courts by way of civil procedure for an anti-social behaviour order which will prohibit the person who is the subject of the order from behaving in an anti-social way. The orders will be civil orders and the question of an offence will arise only if the person in question wilfully defies the order and continues to engage in the anti-social behaviour which is the subject of the order.

The Minister attaches great importance to the development of a real partnership between the Garda Síochána and local authorities on matters affecting policing. His intention and that of the Oireachtas, as set out in the Garda Síochána Act 2005, is that joint policing committees and local policing fora established under them will provide arenas where the Garda Síochána and local authorities can co-operate and work together to address local policing and other issues.

The Minister has already introduced measures to combat the abuse of alcohol and the public order problems to which it gives rise. In addition, the Minister has recently published the general scheme of the intoxicating liquor Bill 2005 which will carry forward this work. The main purpose of the proposed legislation is to streamline and modernise our liquor licensing laws and will also contain provisions which will combat anti-social behaviour.

I can identify entirely with the points made by the Deputy. Local authorities are being proactive in some areas by providing entertainment or fireworks displays. I agree that it used to be one night but in some communities it continues for a week or a month. I agree with the Deputy's views on the role of parents. The Garda and others can help but some people seem to be of the view that when it comes to 31 October, it is time to go mad. We all have a part to play in getting to grips with this problem. Local authorities can help by trying to focus this energy and attention and have done so in part of my constituency which held a formal, official fireworks display this year. The more significant problem arises later at night when smaller children go home. I agree with the Deputy that serious problems arise in this regard. While much of the legislation is valuable, a more co-operative partnership approach is required at local level to ensure everyone pulls together.