Ruairi Quinn (Dublin South East, Labour)
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Question 22: To ask the Minister for Justice, Equality and Law Reform the action he intends to take to deal with vandalism and anti-social behaviour which is causing major problems in many communities with families harassed and property vandalised; and if he will make a statement on the matter. [21467/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am aware of the concerns of residents regarding anti-social behaviour and acts of vandalism in communities and, along with my commitment of introducing new legislation to assist in combating this, I am assured by the Garda authorities that all available resources are actively targeting the problem. Ensuring public safety by reducing the incidence of public disorder and anti-social behaviour is one of the six strategic goals of the Garda Síochána policing plan for 2005.

Strong provisions are already in place to combat vandalism and anti-social behaviour. Operation Encounter is an initiative by the Garda authorities designed to address specifically public disorder and related issues, in particular by targeting key offences under this legislation, the Criminal Justice (Public Order) Act 1994, the Intoxicating Liquor Acts and the Non-Fatal Offences against the Person Act 1997.

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 had been 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 licences, 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.

This year I succeeded in securing an all-time historic high level of funding for the Department of Justice, Equality and Law Reform and its associated agencies. The gardaí, the courts and the prisons together with the Department have never been better resourced or equipped.

This funding will enable a number of key public policy initiatives to go ahead next year. Included in these are the recruitment of additional gardaí to increase the strength of the force by 2,000 within two years bringing its total complement 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 in particular areas with a significant drugs problem and a large number of public order offences. One thing I have already promised is that the additional gardaí will not be put on administrative duties but will be put directly into frontline, operational, high-visibility policing.

While I am pleased to note a reduction in assault causing harm in 2004 and the first quarter of 2005, the incidence of anti-social behaviour remains a matter of concern to me. I am therefore taking a number of initiatives to strengthen the powers available to the Garda Síochána to combat anti-social behaviour. These include my proposal for a fixed charge procedure in relation to certain public order offences in the Criminal Justice Bill 2004 which is currently at Second Stage in the House.

I am particularly concerned that people, particularly the elderly, feel threatened by forms of harassment which of themselves may not be a criminal offence but which may cause distress. For this reason, I announced last December that I intend to bring forward an amendment to the Criminal Justice Bill to provide for the introduction of anti-social behaviour orders. I propose 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 the orders is similar to the power to bind over. It is therefore not a new legal concept.

I accept that because of the immaturity of young people, applying anti-social behaviour orders to them requires a somewhat different approach to that adopted for adults. Therefore my proposals, in so far as young people are concerned, will be specifically tailored so that they are integrated into the Children Act. However, the anti-social behaviour order, backed up by appropriate enforcement, is in itself a practical measure to prevent young people progressing down the path towards serious offending — which is one of the main purposes of the Act.

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 arenas where the Garda Síochána and local authorities can co-operate and work together to address local policing and other issues which are in the management of the local authority and where the gardaí can make a strong case for their particular interests to be taken into account.

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 committees concerning these matters as they affect their neighbourhoods. These are significant innovations which 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 as part of a consultation process. 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.

The 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.