Trevor Sargent (Dublin North, Green Party)
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Question 14: To ask the Minister for Justice, Equality and Law Reform the way in which he intends to address human rights concerns by the introduction of anti-social behaviour orders. [21616/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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As I have previously indicated to the House, I intend to bring forward an amendment to the Criminal Justice Bill 2004 to provide for the introduction of anti-social behaviour orders.

I am concerned at the extent to which the quality of life of decent law abiding citizens can be adversely affected by the anti-social behaviour of a minority. I am therefore proposing that the 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.

The principle behind anti-social behaviour orders is similar to the power to bind over to keep the peace and-or be of good behaviour and is not, as some critics would appear to think, a new concept. An anti-social behaviour order is simply a mechanism whereby the law seeks to stop a person from behaving in a way which is causing distress to a community or to some person in that community.

In formulating my proposal I am conscious of the need to balance the rights of individuals with the rights of the community. While the UK model is of value I have no intention of slavishly following it. My proposal will contain some important differences. For example, in the UK an anti-social behaviour order must apply for a minimum of two years. I consider a minimum period of two years to be inflexible and I will be proposing that the order can only operate for up to a maximum of two years. There will be other important distinctions such as the fact that the power to apply for the order will be limited to senior gardaí and the penalties for a breach will be very significantly less than those which apply in the UK.

A particular concern which has been voiced is the application of anti-social behaviour orders to children. In this regard, I intend that the proposal will be specifically tailored to integrate into the Children Act 2001 and will attract the protections of that Act. I would, in particular, point out that anti-social behaviour orders complement the Children Act by providing an additional alternative to prosecution in the first instance.

I hope to bring my final proposal to Government for approval to draft in the near future. I also intend, subject to Government approval, to make my proposal available and to send it to the Human Rights Commission and the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights.