Brian O'Shea (Waterford, Labour)
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Question 498: To ask the Minister for Justice, Equality and Law Reform his proposals to bring in legislative measures to deal with the hoodie culture (details supplied); and if he will make a statement on the matter. [34012/05]

Brian O'Shea (Waterford, Labour)
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Question 499: To ask the Minister for Justice, Equality and Law Reform his proposals to bring in measures, legislative or otherwise to cultivate a much more responsible attitude among parents in regard to the anti-social behaviour of their children (details supplied); and if he will make a statement on the matter. [34013/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 498 and 499 together.

I understand the Deputy is referring to anti-social and unlawful behaviour on the part of gangs of youths wearing hoods for the purpose of making their identification by the Garda Síochána difficult. I share the Deputy's concern about this type of behaviour and would draw his attention to the response of my colleague, the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Noel Ahern, on my behalf to the Adjournment Debate on 3 November 2005, in which he outlined the strong legislative provisions and other measures that are already in place to deal with this type of behaviour.

In addition, I propose to bring forward a number of legislative proposals for measures which will assist the Garda in dealing with this type of behaviour. I believe the courts can give valuable support and protection to our communities in tackling anti-social behaviour and in this regard I am finalising legislative proposals to provide for anti-social behaviour orders. As I indicated previously, I intend, subject to Government approval, to introduce these proposals by way of Committee Stage amendment to the Criminal Justice Bill 2004 which has recently completed Second Stage in this House.

An anti-social behaviour order is a mechanism whereby the law seeks to stop a person from behaving in a way which is causing very serious distress to a community or to some person in that community. In this respect the principle behind anti-social behaviour orders is similar to the power to bind over, which is a very old power.

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. My proposals will include guidelines for the courts in respect of the granting of orders. The orders will be civil orders and the question of an offence will arise only if a person in question willfully defies the order and continues to engage in the behaviour.

Furthermore, my proposals will incorporate important safeguards to ensure the orders can be used for the benefit of the community as a whole. I want to stress that the orders will not be targeted at any particular group but will provide a means of dealing with persistent anti-social activity by individuals who come to the attention of the Garda and the courts.

Having regard to the special considerations that apply to children, that is, persons under 18 years, I propose that separate provisions, fully integrated into the Children Act 2001, will apply to them. In accordance with the existing approach of that Act, parental involvement will be built into the process. These proposals will be brought forward by the Minister of State at the Department of Justice, Equality and Law Reform with special responsibility for children, Deputy Brian Lenihan, in the near future in the context of other proposals for amendment to the Children Act 2001.

As stated above, in the event that a person willfully breaches an anti-social behaviour order, that breach will constitute a criminal offence. In the case of a child it will be punishable in accordance with the existing range of sanctions available to the courts in the 2001 Act. The concept of parental responsibility is already encompassed in the following sanctions. Section 23 of the Children Act 2001 provides that a child who is over the age of criminal responsibility and who accepts responsibility for his or her criminal behaviour can be admitted to a programme intended to divert the child from committing further offences. A feature of the diversion programme is the involvement of the parents or guardians in a family conference and the possibility of redress for the victim which can be as simple as an apology or, where appropriate, financial or other reparation. In convening a family conference, regard is given to the role and responsibilities of the child's parents or guardian and with the assistance of those other persons permitted to be present at the family conference an action plan for the child is formulated. The compliance of the child with the terms of the action plan is monitored.

Sections 111 to 114 of the Children Act 2001 introduced provisions in relation to the parents or guardians of children found guilty of offences. Section 111 provides that in any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child's parents where it is satisfied that a wilful failure of the child's parents to take care of or control of the child contributed to the child's criminal behaviour. While this section has not, as yet, been commenced, the probation and welfare service has introduced a pilot parenting programme which is evidence-based and focuses on parenting skills. The programme — The Incredible Years Advanced Programme — commenced in October 2005 and is currently operating in the south Dublin area.

Section 113 empowers the court to order the parent or guardian of such a child to pay compensation in accordance with the provisions of that section. Section 114 allows the court to order a parent or guardian, with his or her consent, which cannot be unreasonably refused, to enter into a recognisance of not more than €317 to exercise proper and adequate control over their child.

In the recent Adjournment Debate, the Deputy also referred to the use of fireworks by these gangs in a dangerous and intimidating manner. I wish to advise that, in the context of the Criminal Justice Bill 2004, I propose to bring forward amendments which will provide for a new offence of possession of illegally imported fireworks with intent to supply, new offences governing the misuse of fireworks in public places, and meaningful increases in penalties governing the illegal importation, sale and use of fireworks. I believe these amendments will significantly strengthen the enforcement capability of the Garda Síochána in respect of controlling illegal fireworks.