John Minihan (Progressive Democrats)

Some people have claimed that the introduction of ASBOs will mean that those guilty of anti-social behaviour will always end up in the criminal system. I restate my point that a certain percentage of people will end up in the criminal system but that same percentage would have done so anyway. We must take account of those people who will benefit from an ABSO and not end up in the criminal system. That is the way to approach this if one wants to be positive and the House of Commons report supports this argument.

Another issue thrown into the mix is that of the criminalisation of children. This is an emotive area that is sure to engender anxiety in people. Some have expressed concern that the proposed measures would lead to the criminalisation of children for behaviour that is not, in itself, criminal. They further argue that this will undermine the welfare approach of the Children Act. However, we should examine the proposals closely to ascertain whether the same penalties will apply to children and adults alike. The Minister referred to this issue and suggested that the question is how the penalties will be applied in respect of children and adults. It is in this context that we should take the discussion forward.

Anti-social behaviour is a symptom of wider societal problems and is closely related to general criminal behaviour. Increased crime is accompanied by increased anti-social behaviour. This has been the experience here and abroad.

ASBOs have been in operation in the UK since 1998 and have been employed on many occasions in the past seven years. The Minister has said that he will not slavishly follow the UK model, which I welcome. We have heard a plethora of so-called experts in the UK denounce ASBOs and their effects in Britain. It is a little strange, in that context, that every mainstream party in the UK supports ASBOs. Questions must be asked about those who oppose the orders. They are not practising politicians who engage with the public and who are aware of anti-social behaviour problems in their constituencies. If there were serious problems with ASBOs, I would have expected at least one political party to oppose them.

Vociferous groups will also come out against measures to deal with anti-social behaviour in this country. They will protest, highlight extreme cases and use emotive language in their campaigns. Yet, as in the UK, the main political parties here support the measures. Fine Gael ——