Conor Lenihan (Dublin South West, Fianna Fail)

I can answer only as best I can, short of allowing Senators to write my replies and utter them. This section applies to under-age and over-age people. It allows the Garda to anticipate the possibility of a public order offence. The purpose of this section is precisely so that the gardaí can anticipate such offences using their eyes, invaluable experience and judgment to form a clear view that a person will behave in a manner contrary to public order or create a breach of the peace. This is a positive measure from a law and order point of view because while the Garda has existing powers in this area, the measure allows it to anticipate the possible perpetration of an offence and act accordingly. I have no problem with this measure, nor does the Attorney General. However, I take on board the remarks of Senator Bacik regarding the civil liberties implications. I can only rely on the advice of the Attorney General on this matter which indicates that the measure is constitutional.