Emmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

Question 43: To ask the Minister for Justice, Equality and Law Reform the number of persons, broken down between children and adults, given anti-social behaviour warnings since the new system came into operation; the number of anti-social behaviour orders sought, in the same period; and if he will make a statement on the matter. [7610/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings for anti-social behaviour by adults, was commenced on 1 January 2007. Part 13 of the Act, relating to anti-social behaviour by children, was commenced on 1 March 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. This incremental procedure was chosen in order to have maximum flexibility available to address unacceptable anti-social behaviour. In addition to these procedures to combat anti-social behaviour, there are also provisions for public order fixed charge notices and the Garda adult cautioning scheme. The main legislation dealing with anti-social behaviour is the Public Order Act 1994, and since 2002 over 520,000 public order offences have been detected under Operation Encounter.

I am informed by the Garda authorities that from 1 January 2007 to 23 February 2009, a total of 988 behaviour warnings were issued to adults and 684 warnings to children. A total of 12 formal good behaviour contracts, which are used only in the case of children, have also been entered into. It is only where such warnings or contracts are unsuccessful that the question of seeking court orders arises. Members of the Garda Síochána made eight applications to the courts for civil orders in respect of adults and behaviour orders in respect of children; six of these applications were successful, resulting in three civil orders and three behaviour orders being issued by the courts. The court refused one application for a civil order and one for a behaviour order.

These provisions have been in operation for almost two years and they have made a significant contribution to addressing the problem of anti-social behaviour. Nevertheless, it is appropriate at this stage to review the operation of the legislation to see whether any improvements can be made. In this context, I am seeking a report from the Garda Commissioner on its operation over the past two years.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Has the anti-social behaviour order mechanism not been a failure? Given the scale of anti-social behaviour in so many of our communities, to talk about three civil and three behaviour orders being issued is absurd. So many of our communities are tortured by anti-social behaviour and people are targeted because they are vulnerable. Anybody who is different, older people, women living alone and people from diverse backgrounds are targeted. Last Saturday, I had a case in my clinic of two persons from two eastern European countries. They are married and the young woman is pregnant. They have been selected for persecution and targeted for harassment in the estate where they live in a local authority house they purchased through the tenant purchase scheme. They are in desperation. They can see no way out of this problem. The ASBO is a failed mechanism and has no impact, and we should begin by admitting that.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I do not accept that. The ASBO legislation has been in situ for only two years and I have asked the Garda Commissioner to review its operation in response, to a certain extent, to remarks by the Opposition. It is unfair to say it has been a failure when one sees the numbers of the various procedures set up before one goes for a court order. There is a sequence in how it is set out in the legislation. It was the intention of this House and the Seanad when we passed the legislation that the ASBO would be the last resort. That has been the situation in that hundreds of the other mechanisms, such as warnings, have been implemented by the Garda and have had an effect, because only in a rare number of cases have they gone to court. That is because the gardaí decided they did not need to do so. Contracts and warnings have been successful.

It is wrong to say this has not been a success just because there has been only a handful of ASBOs. People such as the Deputy normally suggest we should examine other methods of dealing with people convicted of offences regarding rehabilitation and community work, etc. The gardaí should be commended for not going the whole way in many cases because they make their own judgments in this area.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Why does the Minister always shelter behind "the gardaí should be commended" as if somebody over here is criticising gardaí? On the last day the Minister said the Secretary General is an honourable man. Of course he is. Can we leave that out and deal with anti-social behaviour? The Minister's argument would have some validity if anti-social behaviour was not as widespread as it is at present. Does the Minister know the extent of anti-social behaviour, or is he too far from the real world? Does he know the extent to which ordinary communities are tortured by the behaviour of youths out of control creating mayhem in their areas?

I will write to the Minister about the case I instanced if he will promise he might do something for me. In that case their car has been significantly damaged three times. That is not an unusual case. Anti-social behaviour is a much more complex phenomenon than ASBOs. The sequencing the Minister talked about and the reluctance of the Garda to make it work exposes the fact that the mechanism is having minimal or no impact on the scale of the problem, especially in working class communities.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Deputy Rabbitte may bring anything to my attention. He brought another instance of anti-social behaviour to my attention in the House and asked me to have a look at the issue. Now that the Deputy is attacking me, I have to say this. I investigated it and raised it with the Garda only to find that the person, Deputy Rabbitte's constituent, was extremely annoyed that he had brought this to my attention.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

What is he talking about?

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I will talk to the Deputy about it later.

Charles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

This is a distraction. It is a side show, a smokescreen.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

What is the Minister talking about?

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

If Deputy Rabbitte does not recall the case, I will bring it to his attention afterwards.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

I received a letter from the Minister the other day about a petition. I brought no such case to him.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I will bring the file to the Deputy later outside the House.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Let the Minister bring it inside or outside the House.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I disagree on the ASBO legislation——

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

This guy would say anything.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I will bring it to the Deputy's attention after the sitting.

The ASBO legislation is working well. Members of the House feel there should be a league table regarding the number of ASBOs and that the more ASBOs and court orders we get, the more successful the legislation is, but I disagree. I rely on the gardaí and their good judgment to go to court when necessary, but not to overly criminalise people.

Joe Carey (Clare, Fine Gael)
Link to this: Individually | In context

I welcome the fact that the Minister has asked the Commissioner to review this because it is an admission that the provision is not addressing the problem of anti-social behaviour on our streets. Communities are under siege. The Minister needs to look at community policing. There are fewer than 700 community gardaí in this country. The Minister needs to put community gardaí into communities to work with them. In my town of Ennis, we have only five community gardaí for a population of 25,000 people. The Minister should focus on that in any such review.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The Garda Commissioner and I recently launched a new model of community policing to build on the existing community policing, which has been very successful. The last time I was in this House, the figures for community police in the country were 670; today they are in the region of 706, so the number is ever-increasing. The more gardaí one puts on exclusively community policing, the fewer one has for ordinary policing. The Garda Commissioner must make that judgment call but he is very conscious of the desire of people such as me and other Members of the House that our gardaí are very vigilant and visible in communities, that people know them and that they know the people they serve.