Michael D'Arcy (Wexford, Fine Gael)
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Question 77: To ask the Minister for Justice, Equality and Law Reform the additional supports he will put in place for the Garda to deal with anti-social behaviour in public and private housing estates due to the failure of the ASBO legislation. [40410/09]

Dermot Ahern (Louth, Fianna Fail)
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I attach a high level of importance to the achievement of the maximum levels of safety for local communities, in particular through the tackling of problems resulting from the misuse of alcohol. This is reiterated in the renewed programme for Government which contains a specific commitment that we will continue to target Garda actions within communities experiencing significant anti-social behaviour. In this regard, the provisions of the Intoxicating Liquor Act 2008 which I piloted through this House, particularly those relating to public order, have been of substantial assistance. A measure of the level of Garda activity in the area of public order, such as targeting public order hot-spots, is the fact that over 650,000 offences were detected since February 2002 as a result of Operation Encounter. I welcome the fact that as a result of this activity the number of disorderly conduct offences decreased by 7% in the 12 month period up to the end of September.

The Criminal Justice Act 2006 provides for civil proceedings in regard to anti-social behaviour by adults and children and sets out an incremental procedure for addressing such behaviour. The intention was that these interventions would address the problem behaviour. It is only if they fail to lead to a behaviour adjustment by the person in question that a court order will be applied for. I do not accept that these provisions are not effective. To date, 2,464 behaviour warnings have been issued. Nevertheless, as these provisions have been operating since 2007, I believe it is appropriate to review their operation to see whether any improvements can be made, and in this regard my Department is in consultation with the Garda authorities.

Michael D'Arcy (Wexford, Fine Gael)
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The IPA has conducted an opinion poll, which shows that 76% of the public rate youth crime as a major national problem. As a result, there is a significant number of people who are intimidated, whether easily or not. These people are in their homes, worried, afraid and concerned. On far too many occasions the gardaí are contacted but nobody is available to come to aid these people. The 7% decrease is a result of nobody being able to deal with the problems.

Brendan Howlin (Wexford, Labour)
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The Deputy is giving information rather than seeking it.

Michael D'Arcy (Wexford, Fine Gael)
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The question is coming.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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This is relevant to the Leas-Cheann Comhairle's constituency.

Michael D'Arcy (Wexford, Fine Gael)
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Some 2,500 ASBOs have been issued but how many have gone to the final stages where the relevant people are reprimanded?

Dermot Ahern (Louth, Fianna Fail)
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Up to 31 October 2009, 1,404 behaviour warnings were issued to adults and 1,060 to children. In addition, 13 formal good behaviour contracts were agreed in respect of children. There were three civil orders in respect of adults and three behaviour orders in respect of children issued by the court. It is an incremental approach.

Michael D'Arcy (Wexford, Fine Gael)
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How many is that in total?

Dermot Ahern (Louth, Fianna Fail)
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There are 13 contracts, three civil orders and three behaviour orders.

Michael D'Arcy (Wexford, Fine Gael)
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That is 19 in total.

Dermot Ahern (Louth, Fianna Fail)
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It is an incremental approach. When the behavioural warnings are issued by the Garda, they tend to be successful and ultimately tend not to criminalise people and children in particular, who must come before the court if they are to get an ASBO. I agree with the Deputy in that the issue of public order or disorder is of grave concern to ordinary constituents. That is why the Garda has dramatically increased the number of community gardaí, and there are now approximately 1,000 dedicated community gardaí whose sole job is to work in the community and deal with people at a local level.

Whereas there may be incidents where gardaí do not turn up, it is not like it was many years ago. Our constituents used to say that they never saw a garda but now the position is reversed, with gardaí everywhere because the number of gardaí is at an all-time high at 14,716 today.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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The Minister could come down to my constituency and he would hear a different story.

Joe Carey (Clare, Fine Gael)
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It will not reach 15,000.

Michael D'Arcy (Wexford, Fine Gael)
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The Minister has said there are 13 contracts for children, three orders for adults and three orders for children, which indicates a complete failure of that system and the time spent in this Chamber debating legislation. The legislation is not being implemented. When will the legislation be implemented properly so that people can be safe in their homes and not be intimidated week in, week out? The gardaí must deal with them in such cases.

Dermot Ahern (Louth, Fianna Fail)
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I would have thought the fact there are so few orders granted from the 2,500 issued warnings is an indication that the legislation is working well.

Michael D'Arcy (Wexford, Fine Gael)
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It is 0.1%.

Dermot Ahern (Louth, Fianna Fail)
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The people who got warnings have not now come to the notice of the Garda.

Michael D'Arcy (Wexford, Fine Gael)
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Less than 0.1% of the warnings have advanced.

Dermot Ahern (Louth, Fianna Fail)
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I would have thought the process is working well. Despite that, I have accepted that there is a perception among people, not least the Deputy, that the process is not working and I have asked my Department to have another look at it to see if we can make any changes. Ultimately, the success of the initiative is being measured by in effect criminalising young people in particular. If a young person gets a warning and behaves thereafter, we should not, for the sake of statistics, force the Garda to criminalise people by serving them with an order or bringing them before a court to get an order. It is not a solution.

The people who ignore the original warning and a contract that they may have entered into can be brought to the ultimate sanction but the process is incremental. The fact that so many warnings are given that do not end up in orders proves the opposite of the Deputy's contention.