Charlie O'Connor (Dublin South West, Fianna Fail)
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Question 452: To ask the Minister for Justice, Equality and Law Reform if he will report on his proposals to introduce anti-social behaviour orders detailing the schedule being allowed and confirming his efforts to deal with concerns expressed to him in the matter; and if he will make a statement on the matter. [26586/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am finalising legislative proposals to provide for anti-social behaviour orders. As I indicated when I appeared before the Oireachtas Committee on Justice, Equality, Defence and Women's Rights on 7 September last, I expect, subject to Government approval, to introduce these proposals as Committee Stage amendments to the Criminal Justice Bill 2004, which is awaiting completion of Second Stage in the Dáil.

My amendments will allow the Garda to apply to the courts by way of civil procedure for an anti-social behaviour order, which will prohibit the person who is the subject of the order from behaving in an anti-social way. The orders will be civil orders and the question of an offence will arise only if a person in question wilfully defies the order and continues to engage in the behaviour.

In framing my proposals, I have taken into account many of the issues raised in the public debate on the subject, as well as drawing on the experience in the UK in recent years. My proposals will incorporate important safeguards to ensure that the orders can be used for the benefit of the community as a whole rather than, for example, as a means of settling disputes between neighbours. My amendments will ensure that an application for an anti-social behaviour order will be a last resort in situations where other steps, including Garda warnings to desist, have been ignored. I will propose that an order may last for up to two years.

To ensure that the new procedure is not open to abuse by anyone pursuing personal or other motives, I propose to provide that an application to the court for an anti-social behaviour order may be made only by a garda of senior rank and to include provision for the drawing up of Garda guidelines on the appropriate use of anti-social behaviour orders. I also propose to make provision in the legislation for guidelines for the courts on their intended use.

I am aware of particular concerns which have been expressed regarding the application of anti-social behaviour orders to children. In that regard, I will propose that separate provisions should apply to adults and children. The provisions regarding children will be fully integrated into the Children Act 2001 and will attract all the protections of that Act. For example, other means of diverting children away from that type of behaviour must first be tried before an application for an anti-social behaviour order is made. My colleague, the Minister of State with special responsibility for children, is finalising the proposals regarding children, and it is intended that those too will be introduced as amendments to the Criminal Justice Bill.

It will be clear that my proposals will provide for the introduction of anti-social behaviour orders in a manner which is both balanced and effective in dealing with those engaged in anti-social behaviour. It is my intention to bring my proposals to the Government in the coming weeks and, subject to Government approval, to make them available generally.