Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 1: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take in the context of the recent murder of a law-abiding citizen in inner city Dublin and the evidence from this murder that a serious societal problem exists whereby anti-social behaviour is rife in certain areas and is capable of escalating into serious violence and even murder, the easy availability of dangerous offensive weapons and the failure of legislative measures aimed at tackling anti-social behaviour measures to date. [47434/08]

Dermot Ahern (Louth, Fianna Fail)
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The House had the opportunity last week to express its abhorrence at the killing of Mr. O'Kane. A person has been charged in connection with this killing and the Garda investigations are continuing. Consequently, I am greatly constrained in what I can say about the specific incident.

The criminal use of firearms is very serious and is tackled by An Garda Síochána with appropriate strategies. Tackling public order issues is also a priority for both the Garda and the Government. This is evidenced by the resources we have committed to front line policing, which I am determined will continue to have top priority. A focus of Operation Anvil has been removing illegal weapons from circulation. To date, more than 2,200 firearms have been seized since its inception in 2005. As the House is aware, I have also made proposals for dealing with the easy availability of weapons through tackling the issue of licensed handguns.

Since 2002, when the Garda introduced Operation Encounter specifically to target anti-social behaviour, almost 520,000 public order offences have been detected. Strong provisions are now in place to combat anti-social behaviour and the abuse of alcohol, which is the root cause of much criminal and anti-social behaviour. The Criminal Justice Act 2006 enacted provisions to combat anti-social behaviour by adults and children. The Intoxicating Liquor Act 2008 gives further significant powers to the Garda to tackle binge drinking and the availability of alcohol to under age people.

I recognise that dealing with public disorder is an issue on which co-operation between the Garda and the local community is vital. That is why I am proceeding with the roll-out nationwide of the joint policing committees, following a successful pilot phase.

I attach great importance to tackling crime by juveniles in a focused and comprehensive way. The Irish Youth Justice Service was established within my Department to develop an integrated response to youth offending within the framework of the Children Act 2001. However, none of these measures can substitute for the primary moral and legal responsibility on parents where the behaviour of their children is concerned.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister began his reply by stating there was an opportunity in the House last week to debate the increase in the number of murders and the indiscriminate use of guns on our streets. Regrettably since that occasion, only one week ago, there have been three further murders in the State, bringing the total number of murders this year to 47, some 20 of which can be categorised as so-called gangland killings. What steps is the Minister taking to deal with this increased pattern of UK-style gun and gangland culture in our cities? Youths seem to have free and easy access to guns, vicious and deadly knives, and swords. Communities are being terrorised and people are living in fear and anxiety. What steps are being taken by the Minister?

The Minister has given the same reply today as last week. There does not appear to be any sense of urgency on the part of the Minister, nor does there appear to be any sense of leadership. Has the Minister noted the recent comments of the former Police Commissioner of the City of Boston, Ms Kathleen O'Toole, who currently performs an admirable role as Chief Inspector of the Garda Inspectorate? She suggested relentless policing is important to ensure gangsters, gangland criminals and youths who are prepared to kill are apprehended prior to killing. Has the Minister examined the model in Boston, whereby a crime hot spot is targeted and youths in that area are dealt with by community police prior to committing offences?

Dermot Ahern (Louth, Fianna Fail)
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The debate on this matter took place last week and I will not discuss the issue of Garda resources. It must be accepted that, especially on the streets of Dublin, there are significant levels of policing. Most Deputies, especially those from outside Dublin, recognise that there are substantial numbers of gardaí on the streets. At present, there are some 14,200 and this figure will rise to 14,900 by the end of next year. There is also the programme of civilianisation, involving approximately 2,500 people working in stations as civilians which enables gardaí to work on the streets instead of in the office.

I welcome the comments made by Ms Kathleen O'Toole, which I read extensively. Thankfully, the Garda Inspectorate has been a great catalyst for change within the Garda since its inception. I recognise her comments and I understand from discussions with Garda management that the force targets hot spots of anti-social behaviour where young people congregate and that it is focussed on cases where young people commit crimes on public transport.

Let us consider the significant figures related to community policing. There are some 690 dedicated community gardaí and there are youth diversion projects in place in more than 100 areas throughout the country. Let us consider the response in the probation service and remember the ASBO legislation and the substantial commitment to its implementation, which is ongoing. Substantial efforts have taken place in this area. A significant feature in tackling anti-social behaviour and juvenile crime is the work of the Garda with local communities and parents and this work is ongoing.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I refer to one aspect of the Minister's reply. Anti-social behaviour orders were introduced by legislation in 2006. Why are they not working? How many ASBOs have been sought and how many have been granted? The numbers are very small. Why is this measure not working in the manner claimed by the Minister's predecessor?

Dermot Ahern (Louth, Fianna Fail)
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As I previously stated to the Deputy, anyone who says the legislation is not working is not considering the facts. Substantial numbers of anti-social behaviour warnings have been issued to adults. To the best of my recollection, approximately 900 such warnings have been issued since the inception of the legislation in early 2007, some 600 of which have been issued to children.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister should deal with the orders.

Dermot Ahern (Louth, Fianna Fail)
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I am coming to that. I understand 12 good behaviour contracts and six ABSOs have been sought by the Garda, including some for adults and some for children. It is entirely a matter for the Garda and it is not my role to direct the force. The Garda must use the legislation in place. Anyone who says it is not working is misrepresenting the situation.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I am not. How many have been issued?

Dermot Ahern (Louth, Fianna Fail)
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It is not merely a matter of the number of ABSOs issued. It is a question of dealing with children and young adults.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It is not.

Dermot Ahern (Louth, Fianna Fail)
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Some 900 adults and 600 children are dealt with in this way.

Charles Flanagan (Laois-Offaly, Fine Gael)
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That is not what is contained in the Minister's folder. If the Minister will not put the figure on the record, then I will. The answer is three ASBOs. I put that on the record. The figure is contained in the Minister's file and he has refused to say it, because it is an embarrassment.

Dermot Ahern (Louth, Fianna Fail)
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Some six ASBOs have been sought and three have been granted.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Only three have been granted.

Dermot Ahern (Louth, Fianna Fail)
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I have no say in the granting of the orders and the Deputy is misrepresenting the situation by suggesting otherwise.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister is responsible for the legislation.