Catherine Murphy (Kildare North, Independent)
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Question 12: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, during the planning, drafting and enactment of the Criminal Justice Act 2006, an investigation was conducted into the likelihood and extent of additional administration costs with respect to ASBOs; if his Department has allocated or has planned to allocate additional staffing or resources to undertake the additional administration duties that such orders may cause; the way a failure to deploy additional staff or resources to undertake the administration of ASBO-related matters will impact on the ability of existing gardaí and administration staff to complete their existing tasks in a timely fashion; and if he will make a statement on the matter. [12845/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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While obviously it is difficult to predict in advance the extent to which ASBOs will be resorted to, there is absolutely no question of a lack of resources inhibiting the effective operation of ASBOs.

I directed the commencement of Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings for anti-social behaviour by adults, on 1 January 2007. The application by the Garda Síochána to the courts for a civil order comes at the end of a process. The first step in the procedure is that a member of the Garda Síochána issues a behaviour warning to a person who has behaved in an anti-social manner. The behaviour warning warns the person that failure to comply with the demand may result in an application to the courts for a civil order or that issuing of a subsequent behaviour order might also result in an application to the courts for a civil order. If a behaviour warning or a series of warnings does not result in the person changing his or her behaviour, the Garda Síochána may apply to the District Court for a civil order to prohibit the person from doing anything specified in the order. An order will remain in force for a period specified in the order, which cannot be longer than two years. If no period is specified, an order will remain in force for two years. The penalties for breach of an order are a fine not exceeding €3,000 or a maximum of six months imprisonment or both.

I commenced Part 13 of the Act relating to anti-social behaviour by children on 1 March 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by children, including: a warning from a member of the Garda Síochána; a good behaviour contract involving the child and his or her parents or guardian; referral to the Garda juvenile diversion programme; and the making of a behaviour order by the Children Court.

I am advised by the Garda authorities that the number of behaviour warnings recorded since 1 January 2007 is 21. There have been no civil orders for adults or behaviour orders for children sought in this period, which is to be expected in view of what I have just told the House. For both adults and children, a behaviour warning remains in place for three months from date of issue. For children specifically, a good behaviour contract lasts for six months, but may be renewed for a further three months. The approach the legislation adopts is to make every effort so that the child and his or her parents or guardian address the child's behavioural problems in a way that minimises contact with the courts system. The Act ensures there is full parental involvement at all relevant stages. It is therefore highly unlikely that a Garda officer would apply for a civil order or a behaviour order before the end of these periods.

Additional information not given on the floor of the House.

I am confident the Garda Síochána has the resources to operate the provisions of the Act.

The detailed allocation of Garda resources, including the allocation of personnel to various units is a matter for the Garda authorities. The deployment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, is continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the public.

In December 2006, I announced Government approval for 300 additional civilian support staff for the Garda Síochána to release an equal number of gardaí from administrative duties and free them up for operational policing duties. The Garda Commissioner has signed a service level agreement with the Public Appointments Service for the provision of candidates on a weekly basis to be offered positions in the Garda Síochána until the 300 clerical officer posts are filled. Since the beginning of the year, 93 additional clerical officers have been appointed to the Garda Síochána, and a further 46 persons have been offered a clerical officer post. It is anticipated that some of the newly recruited clerical officers will carry out administrative tasks on the administration of the provisions of the legislation.

I am informed by the Garda authorities that the personnel strength, all ranks, of the Garda Síochána increased to a record 13,178, following the attestation of 273 new members on 14 March 2007. This compares with a total strength of 10,702, all ranks, on 30 June 1997 and represents an increase of 2,776, more than 23% in the personnel strength of the force during that period. The combined strength, all ranks, of both attested gardaí and recruits in training on 14 March was 14,258. Furthermore, on 19 December 2006 as part of the package of anti-crime measures, the Government approved the continuation of the existing Garda recruitment programme to achieve a total Garda strength of 15,000. The accelerated intake of approximately 1,100 new recruits per annum into the Garda College will continue until this target is met. The Garda budget now stands at €1.4 billion, an 11% increase on 2006 and its highest level ever.

Catherine Murphy (Kildare North, Independent)
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I wish to ascertain the additional burden on the Garda and whether it was fully evaluated. Clearly considerable time will be spent on tracking, as was the case in the UK where much administration of ASBOs is involved. Many of the activities that are the subject of ASBOs relate to criminal rather than anti-social behaviour. Breaking up bus shelters, phone boxes etc. is rightly within the remit of the Garda. Before I was elected to this House I was critical of us having many laws without the ability to put them into practice because of resource issues or failure to think out the practical elements of applying the law. What evaluation was done on the application of such orders prior to the introduction of legislation? Is it a case of introducing legislation and then discovering how it pans out? I am concerned that we might divert gardaí from activities like community policing and areas where they are most visible. We will spread the resources even more thinly because they will have to deal with even more administration. What resource implications were considered prior to the introduction of the legislation?

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy has a somewhat mathematical approach to the matter. I cannot say in advance, nor can anybody make an intelligent guess as to the level of resources that would be applied unless we came to a conclusion on how many such orders would be issued. If I were asked in December how many orders would be issued by the start of April, I could not have predicted whether it would have been 21 or 221. I was not in a position to say that. Local Garda superintendents take a very shrewd and experienced view on what they want to do with their resources. They need to make decisions on community policing and other issues, including whether it is appropriate to issue an ASBO in a particular case or to use the conventional criminal law.

For instance vandalising a phone kiosk is not anti-social behaviour; it is a criminal offence. For a garda who is aware that an individual has behaved in that way, I do not believe it is appropriate — I venture my opinion — to regard that simply as anti-social behaviour. It is something more serious; it is a criminal offence. I do not suggest that it needs to proceed to a criminal trial. On some occasions the youth diversion programme might represent the appropriate approach to keep children out of trouble and juvenile liaison officers may be the appropriate people to address such matters. The Deputy's question presupposes that someone sat down at a desk and decided that 400 orders would be issued by June 2007, consuming 380 man-hours which would be taken from the community-policing budget. That kind of operation does not take place. If we were to decide to change the limits for drink driving, nobody would sit down to decide how many additional prosecutions would take place because they do not know. The Garda makes a decision based on policy and afterwards it ascertains how the offence carries through. While I am not trying to avoid the Deputy's question, I have a sneaking suspicion that she does not like ASBOs at all.

Catherine Murphy (Kildare North, Independent)
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I do not.

Michael McDowell (Dublin South East, Progressive Democrats)
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That is the point. Therefore she is asking whether a mathematical exercise was carried out to determine the amount of resources necessary to make them effective. The answer is that it was not. We do not live in a command economy where somebody can sit in a room and predict on the basis of 1,000 ASBOs by December so many additional Garda resources would be necessary. The real world does not work that way.

Catherine Murphy (Kildare North, Independent)
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May I ask a supplementary question?

Séamus Pattison (Carlow-Kilkenny, Labour)
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We have exceeded the time allowed and must proceed with other business.