Mary Wallace (Meath, Fianna Fail)
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Question 373: To ask the Minister for Justice, Equality and Law Reform the steps his Department has taken to deal with the issue of anti-social behaviour in urban communities and that the protection of the rights of the individual as a victim of anti-social behaviour is paramount; the legislation which has been put in place to support the Garda Síochána in dealing with anti-social behaviour; the guidelines which are in place; and if he will make a statement on the matter. [17931/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Strong provisions are in place to combat vandalism and anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994.

Because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. One of the provisions is the use of temporary closure orders. The Act broadened the application of the temporary closure order penalty, which was introduced to combat under-age drinking, to cover also convictions for a series of public order offences, such as supplying intoxicating liquor to drunken persons and the duty on licensees to preserve order on licensed premises.

The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It does this by providing for the closure of premises such as pubs, off licenses, late night clubs and food premises, as well as the making of exclusion orders on individuals, in addition to any penalty they might receive under the 1994 Public Order Act.

I am pleased that I received Government approval for the recruitment of 2,000 additional gardaí to increase the strength of the force to 14,000. Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities as well, such as the need to significantly increase the number of gardaí allocated to traffic law enforcement duties. One thing I have promised is that the additional gardaí will not be put on administrative duties but will be put directly into front-line, operational, high-visibility policing.

I was pleased to note a reduction in assault causing harm in 2004 compared with 2003. This trend has continued in 2005 with a 15% reduction in assaults causing harm in the first quarter compared to the same period last year.

The House will be aware that in July last year I published the Criminal Justice Bill 2004. That Bill is currently on Second Stage in the House. It provides a comprehensive package of anti-crime measures that will enhance the powers of the gardaí in the investigation and prosecution of offences. In particular, I would draw the Deputy's attention to section 29 of the Bill which provides for a fixed penalty procedure in relation to lesser public order offences. This procedure will apply to certain offences under the Criminal Justice (Public Order) Act 1994. These are intoxication in a public place and disorderly conduct in a public place.

It is also my intention to bring forward an amendment to the Bill to provide for the introduction of anti-social behaviour orders. I am proposing that gardaí should be able to apply to the courts by way of civil procedure for an anti-social behaviour order which would prohibit the person from behaving in an anti-social way.

As the Deputy is aware, Garda youth diversion projects are funded by my Department. They are a crime prevention initiative designed to engage with young people who have been identified as being at risk of involvement in criminal or anti-social behaviour. Each project is managed by a multi-agency and community based committee, which is responsible for the strategic direction of the project. The projects are a tangible measure of crime prevention and reflect a commitment to multi-agency partnerships in tackling crime and anti-social behaviour at community level. The work of the projects involves linking young people with non-offending peer groups and the forming of stable and trusting relationships with adults in the community. The intended impact of this process is that those so engaged develop into responsible citizens and that they do not progress into the criminal justice system.

I attach great importance to the development of a real partnership between the Garda Síochána and local authorities on matters affecting policing. My intention, as set out in the Garda Síochána Bill, is that joint policing committees and local policing fora will provide an arena where the Garda Síochána and local authorities can co-operate and work together to address local policing and other issues.

The Bill specifically provides that among the functions which the committees will be particularly mandated to carry out is keeping under review the levels and patterns of crime, disorder and anti-social behaviour in their area, including the patterns and levels of misuse of alcohol and drugs, and the factors underlying and contributing to those levels of crime, disorder and anti-social behaviour. Local policing fora will discuss and make recommendations to their committee concerning these matters as they affect their neighbourhoods. These are significant innovations that will strengthen policing at local level. They will ensure that the new committees and their sub-structures will provide a permanent forum to address the issue of anti-social behaviour.

I have mentioned legislation which I have already introduced to combat the abuse of alcohol and the public order problems to which it gives rise. I have recently published the general scheme of the Intoxicating Liquor Bill 2005, which will carry forward this work. The main purpose of the proposed Bill is to streamline and modernise our liquor licensing laws. It will also contain provisions which will combat anti-social behaviour.

This Government is strongly committed to the reduction and prevention of crime through strong and effective crime prevention methods. However, I cannot stress enough that while legislative measures can help to curtail the problem of anti-social behaviour, they cannot be viewed as the only solution. All those with an interest in this area have to play their role in helping to address the problems of vandalism and anti-social behaviour in our society.