Billy Kelleher (Cork North Central, Fianna Fail)

I wish to express my sympathies to the family of Garda McCallion and the Garda Síochána on the very tragic news of his passing. The Minister for Justice, Equality and Law Reform apologises as he is unable to be present. The Minister is informed by the Garda authorities that they are aware of the device referred to by Senator Keaveney. It is designed to deter people from congregating or loitering in certain areas by generating a near ultrasonic tone which, it is claimed, does not cause physical damage or pain but becomes highly annoying. It is claimed that because of natural age related hearing loss, the majority of those over the age of 30 only just hear or are aware of the noise.

Section 2 of the Non-Fatal Offences against the Person Act 1997 creates the offence of assault, which is committed by the application of force. The section specifies that "force" includes application of, inter alia, noise. The Minister is informed by the Garda authorities that an instruction has issued to all members of the Garda Síochána that any complaints received regarding the use of such devices are to be the subject of investigation and an investigation file submitted to the law officers for directions as to what charges, if any, are to be preferred.

The Minster and the Garda Síochána are aware of the damage and distress which anti-social behaviour causes communities. The Garda policing plan for 2009 reflects the priorities set for the force by the Minister for Justice, Equality and Law Reform, one of which is to preserve peace and public order in co-operation with local communities, in particular by targeting disorder arising from binge drinking. It contains a series of measures aimed at reducing the impact of crime and criminal behaviour, and one of the strategic goals identified in the plan is to reduce significantly the incidence of public disorder and anti-social behaviour in communities.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. In addition, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse, which is often at the root of crime and anti-social behaviour, and its effect on public order, and the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late-night street violence and anti-social conduct attributable to excessive drinking. The Criminal Justice Act 2006 brought into force additional legislation to target public disorder and anti-social behaviour. In January 2007 behaviour warnings and civil orders were introduced for adults, and in March 2007 behaviour warnings, good behaviour contracts and behaviour orders were introduced for children.

The Intoxicating Liquor Act 2008 gives further powers to the Garda to tackle the misuse of alcohol. The Act places restrictions on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse. Gardaí may seize any bottle or container from a person under the age of 18 and which a garda suspects contains alcohol to be consumed by a person under 18 in a public place. They may also seize bottles or containers containing alcohol where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner. The Act also allows for the issue of fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place, which are offences under sections 4 and 5 of the Criminal Justice (Public Order) Act 1994.

The Irish youth justice service is an executive office of the Department of Justice, Equality and Law Reform and works with the Office of the Minister for Children and Youth Affairs. It is responsible for leading and driving reform in the youth justice area. In addition, it funds organisations and projects providing services, including Garda and probation service projects, to young people aged under 18 years who find themselves in conflict with the law.

The Garda juvenile diversion programme, operated by Garda juvenile liaison officers, has proved to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. It also enables referral to the Garda youth diversion projects which are funded by the youth justice service and are community-based, multi-agency crime prevention initiatives operating separately from the diversion programme. At present, 100 of these projects operate in various locations throughout the country.

I assure the House that the Minister and the Garda authorities will continue to attach the highest priority to tackling anti-social behaviour, and the legislative provisions dealing with anti-social behaviour are kept under continuing review by the Department. I will express the views expressed by the Senator on the ultrasonic high-pitched noise equipment.