Derek McDowell (Labour)

——had the right to summon before them people to require them to enter a bond to keep the peace and be of good behaviour. That has been a power of common law judges since the year dot. That is preventative justice of exactly the same kind. It asserts that we have a basis in which to say to a person that if he or she does not behave in future, he or she will be punished. There is nothing wrong with that principle.

What we are doing in Part 11 of this Bill is bringing to Irish people some remedies by which they can have some hope that the neighbours from hell will be dealt with by somebody in an effective manner. Our legal definition of anti-social behaviour is more stringent than that in the UK. We have separate provision in law in this respect for adults and children, in the UK the measure applies to everybody over the age of ten. Our law provides that only a senior member of the Garda Síochána can apply to bring a person to court. The local PC Plod cannot bring a person to court, although he can give a person a warning. However, a senior officer must decide whether a person will be brought to court.

As Senator Tuffy mentioned, in the UK the local authority can bring an individual to court. Joe Soap working in the local authority can commence proceedings to bring a person to court by issuing an ASBO against him or her. Our proposals will extend for a maximum of two years, whereas in the UK such orders can be made only if they have a minimum life of two years. Our proposals provide for a €3,000 fine or six months' imprisonment on summary conviction for breach of an order. In the United Kingdom the provision is five years' imprisonment for breach of an ASBO.

Reference was made to the name and shame principle when it comes to children. It is clear from the provision dealing with children that publication of a child's name could take place only if it was essential to make the order work, in other words, if one had to tell local shopkeepers that a child cannot be loitering around the precinct.

A proposal was brought before the Committee on Justice, Equality, Defence and Women's Rights and discussed in shadow form and brought back before that committee through the amended provisions of the Children Act. There is provision for good behaviour contracts. Parents must be involved in the process in terms of their children. There is also provision for repeated warnings and the requirement for youth diversion measures before orders are applied to children.

However, a 15 year old is as capable as a 25 year old of making an 85 year old pensioner's life a misery and somebody must be willing to do something to protect the 85 year old pensioner. I reject as trite the suggestion that action in this regard can be taken only when it is in the best interests of the child. Children live in the real world and I pose the question as to what is in the best interests of the 85 year old pensioner. What about the right of pensioners to live in their homes in their declining years with some degree of dignity? The best interests of the child is not the sole determining factor as to whether an ASBO is made and it would be grotesque if it were because the best of the interests of the child may be to allow him or her pester his or her neighbours until the crack of doom.