Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 89: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that all appropriate measures are being taken to deal with widespread anti-social behaviour in communities; and if he will make a statement on the matter. [9277/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Under the Garda Síochána Act 2005, it is open to me to set policing priorities for the Garda Síochána. One of the priorities I have set for 2008 is to combat, particularly in co-operation with other agencies and the community generally, the problems of public disorder. I specified that there should be particular emphasis on alcohol related behaviour, including under age drinking, and socially disadvantaged communities.

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

I share the view, however, that we have a problem with our patterns of drinking in this country. It is clear that this problem is adding to public disorder. I have asked the Government alcohol advisory group, which was established at the beginning of the year, to urgently examine key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under age alcohol consumption. I have asked it to report to me by the end of this month.

The Criminal Justice Act 2006 enacted provisions to combat anti-social behaviour by adults and children. These set out an incremental procedure for addressing anti-social behaviour by adults and children. A significant number of behaviour warnings have been issued under the legislation — 445 behaviour warnings to adults up to the end of January and 131 to children.

In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. The Garda juvenile diversion programme has proved highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. Under the provisions of the Children Act 2001, the programme has a statutory basis.

Garda youth diversion projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are 100 projects operating throughout the country and it is intended to establish a further 68 projects in the lifetime of this Government, bringing the total number of projects to 168 nationwide.

Additional information not given on the floor of the House.

More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas Members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. Issues of public disorder will be high on the agenda of such committees. There are 29 committees in operation in a pilot phase to gain experience rolling the committees out to all local authority areas in the State. In general, the outcome to date has been positive and the committees are meeting definite local needs.

Following a consultation seminar last November, work is under way on revising the guidelines under which the committee operates in the light of the experience gained to date. Following consultation with my ministerial colleagues, I intend to issue revised guidelines to enable the roll-out of the committees to take place as soon as possible, which I envisage will be in the middle of this year.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The most urgent project for the Minister to consider is adequate policing in the area. The Minister is aware that the recent horrific murders in Drimnagh prompted the community to say that there was a perceived lack of community gardaí in the vicinity. Had they been in the area the type of problem that faced the people of Drimnagh may not have occurred.

What is happening in regard to the rolling out of the 2008 national scheme for community gardaí that the Minister has promised numerous times? What does the Minister mean by community policing? Does he mean a garda working and living in the community and that there would be appropriate incentives for the garda to live in the community rather than drive in every morning and home in the afternoon? Would the Minister consider Fine Gael's proposal that there be a specific grade of garda, the community garda, whose job would be to police the area in conjunction with the community and who would be charged with the task of building the community's confidence and trust in the Garda Síochána? Why is progress on this matter so slow that only 4% of target areas have been included?

What is the problem with anti-social behaviour orders, ASBOs? Is the Garda Síochána reluctant to engage in the kind of policing that can give rise to an anti-social behaviour order? Why have only one or two been granted since the scheme was initiated over a year ago?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Commissioner visited Drimnagh and was satisfied that there was an adequate number of community gardaí on duty in that area. They represent 4.6% of the total strength of the force and the total number of personnel attached to community policing is 630. Those gardaí perform the duties as defined by Deputy Charles Flanagan, but, in a sense, every garda is a community garda, coming into contact with the community in his or her district in many different ways and ensuring the prevention of crime and the protection of neighbourhoods. That is fundamental. Community policing involves more than a single unit within the Garda Síochána. All gardaí have a role to play in addressing community policing issues.

I agree with the view of the Garda inspectorate, expressed in a recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland. A review of community policing is under way but community policing is not confined to community policemen.

Many anti-social behaviour orders have been issued. Much of the more serious anti-social activity already falls within the rubric of a defined criminal offence and can be dealt with under the public order legislation, as required. The graduated approach envisaged in the legislation is the right one and gives the gardaí an opportunity to ratchet up the pressure to conform on the person who is responsible for anti-social behaviour.

Brendan Howlin (Wexford, Labour)
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The time for Priority Questions has expired. We must, therefore, take Questions Nos. 90 to 92, inclusive, in ordinary time.