Jim Walsh (Fianna Fail)

I take an entirely converse view to that expressed by Senators Norris and Henry. I fully support sections 113 to 119, inclusive, and consider them an essential component of the Bill. I take on board the comments made by Senators Norris and Henry in regard to protecting children when it comes to the operation of ASBOs. That is dealt with in sections 159 to 166, inclusive. The issues have been well thought through in regard to how the process will evolve and operate in practice.

Sections 113 to 119, inclusive, relate to adults. When I was on Wexford County Council, I was aware of situations in particular housing estates where one or two persons or an entire family caused absolute havoc for their neighbours. In an estate of 30 or 40 families, one family can make life hell for everybody else. This is totally intolerable and the law should not allow it. Wexford County Council embarked on consultation with the Garda in the locality in regard to the most serious such cases. In one case, a person who was involved in the rally car business would wait until 10 p.m. or 11 p.m. to begin revving motors and would continue to do so until 1 a.m. or 2 a.m.

With what crime can such persons be charged? The council could only choose whether to evict them. In that case, it is necessary to gather evidence and go to court, where the judge might take the view it is only one or two members of that particular family causing problems and the entire family cannot be evicted. Such a system is totally ineffective. Anti-social behaviour orders are not a British invention. The Joint Committee on Justice, Equality, Defence and Women's Rights met representatives of the Metropolitan Police in London and we discussed community policing and ASBOs. The Metropolitan Police had visited Holland and the United States, Boston, I think, where ASBOs are in operation. They copied the operations they saw and applied them to London.

What this means is a mechanism is created for dealing with people causing a nuisance in their area. A warning is issued and, ultimately, if an ASBO is issued the recipient is entitled to free legal aid, if necessary, in the District Court. A person who breaches an ASBO is guilty of a criminal offence. This is the only mechanism I can envisage for taking effective action. It is unlikely that an innocent person will end up a victim of this legislation. Those causing turmoil for neighbours and entire estates should not be allowed to continue with impunity. I ask the House to support this strongly. It is specifically aimed at people aged over 18, although I agree with Senator Norris that other issues relate to children aged from 12 to 18, the age limit prescribed for children who can be subject to ASBOs. We must be careful in dealing with that. This provision is well structured and will be effective. I hope the introduction of joint policing committees will see major issues like this around the country effectively tackled to ensure people can live in peace and harmony without mindless disruption from those inflicting great torment.