Seanad debates

Monday, 3 July 2006

Criminal Justice Bill 2004: Committee Stage.

 

9:00 pm

Mary Henry (Independent)

I am sure the Minister's intent in these sections is to make more bearable the lives of ordinary people who are subject to harassment, "significant or persistent alarm, distress, fear or intimidation", or "significant or persistent impairment of their use or enjoyment of their property". From my dealing with patients, I have found harassment is not so widespread a problem. However, I cannot count the numbers of patients who tell me of their experiences of persistent distress, intimidation and impairment of their enjoyment of their property. It is sometimes entire families who cause dreadful trouble for their neighbours while, in other cases, it may be only one or two members of a family who cause trouble, alone or with other persons.

Senator Norris may be correct that the introduction of ASBOs is politically popular. However, rather than saying they are a good idea, many people have pointed out to me that they have not been a success in Britain. In some parts of that country, unfortunately, an ASBO seems to have become a badge of distinction. It is considered an achievement among some youths who have caused the most appalling trouble for their neighbours. I was frequently asked for notes, from patients in corporation housing estates in particular, to the effect that they had to move house for health reasons because of their neighbours' behaviour.

I received a telephone call from one woman concerned about the behaviour of a boy on her street who, as he got older, was increasingly causing trouble for others. His latest trick was to knock children off their bicycles. How far does a person like this have to go before something is done about him? In this case, the boy's aunt had come to stay with him and seemed, although she was a far smaller woman, better able to deal with him than his widowed mother, who was entirely incapable of controlling him.

In many of the cases I have seen, alcohol and drug abuse was a significant factor. We must provide far more facilities both outside and inside prison for those with problems in regard to drug and alcohol abuse. A great number of those who engage in anti-social behaviour are addicted to some substance. Mental illness is another issue that must be addressed and which is not mentioned in the Bill. It is often the case that children who engage in anti-social behaviour come from homes in which other family members have appalling problems. In most of the cases I am aware of, it is young people below the age of 22 or 23 causing the problems. It is only in respect of totally delinquent families that there are complaints about adults.

Facilities for the treatment of adolescents and children with problems are inadequate. There are long waiting lists to see psychologists and psychiatrists, even when the school which the child may or may not be attending believes such treatment is required. After-school facilities are also inadequate. I do not know whether the Minister had time to read the report on lone parents that his Department was involved in drawing up for the Minister for Social and Family Affairs, Deputy Brennan. It is a good report although it does not contain many solutions. In attempting to get lone parents back into the workforce, it is extremely important to consider who will look after their children while they are at work. There is a shortage of after-school clubs and crèches. Children are bound to become engaged in problematic behaviour if they are running wild on the streets. Parents no longer enjoy the support of the extended family as they did in the past and many grandmothers are working outside the home.

Restorative justice schemes have been successful and I understand the Minister is promoting activity in this regard. He also plans to expand the probation service and the successful Garda diversion schemes. It will be great if ASBOs are successful but I am extraordinarily pessimistic about how this will be done. If they are not within the remit of his Department, will the Minister ask his Cabinet colleagues to examine the areas to which I referred? After-school clubs can help ensure children are not on the streets. In all areas, rural and urban, there are difficulties in helping those people engaged in anti-social behaviour who may be suffering from mental illness.

While I support Senator Norris's amendment, I understand the Minister's intent in regard to these sections. He asked in his speech on Second Stage what the media might say if no provisions are introduced to deal with anti-social behaviour. I advise him that the media will say what they want to say. We must do the best we can to resist being led by them because we do not get much thanks for it. If the ASBOs fail, all that will be said is that they were useless in Britain and are also useless here.

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