Seanad debates

Monday, 3 July 2006

Criminal Justice Bill 2004: Committee Stage.

 

9:00 pm

Photo of Joanna TuffyJoanna Tuffy (Labour)

It is but not all joyriding involves stolen cars. There has been criticism of such legislation in the UK but there has also been much positive feedback. Many local authorities and people in communities are involved and many reports state that it has improved areas, which is of benefit to everyone including the children and adults involved in anti-social behaviour. This can help nip such behaviour in the bud so that a child or young adult will not get involved in crime later on.

This legislation has been reviewed in the UK since it was introduced in 1998 and the 2004 antisocial behaviour legislation in Scotland has updated it. We must also carry out this type of revision to see how the legislation is working. We might consider introducing an anti-social behaviour Bill, upgrading this legislation and adding other elements. I hope the Minister will bear this in mind, especially as he is introducing joint policing committees.

In the United Kingdom the local authorities are much more involved. It is my experience that local authorities play an enormous role in dealing with anti-social behaviour here and have great expertise in the area. I do not think the Garda Síochána will be able to cope with the added duty of having to apply for and enforce anti-social behaviour orders. Further down the line we should consider involving the local authorities and allowing them to apply for such orders.

In Scotland a new provision to the 2004 Act requires that the chief constable and the local authority adopt anti-social behaviour strategies. There is much more of a joint role there. We all know that anti-social behaviour is not just a matter for the Garda Síochána but also for local authorities, communities and so forth.

I also note that in Scotland parenting orders have been introduced, based on the idea that parents have an important role to play in this area. The orders have not been introduced simply to get at parents. The thinking behind them is to provide support for parents. Parenting orders are made when the making of such an order is desirable in the interests of preventing a child from engaging in further anti-social behaviour. An order is given to the parents to be involved in the process. There is nothing similar in this legislation, unless I have missed it, but it is a provision we might consider in the future.

The idea behind parenting orders and the UK equivalent of good behaviour contracts is that there are supports available to help people to comply with anti-social behaviour orders. Dr. Ursula Kilkelly has said that an enormous problem for children in the Children Court is that they are not given any support in complying with bail conditions and she called for a bail support programme. I would argue that the same should apply to the orders being introduced under this legislation.

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