Written answers

Wednesday, 1 November 2006

Department of Justice, Equality and Law Reform

Public Order Offences

6:00 am

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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Question 235: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when will anti-social behaviour orders come into effect; if An Garda Síochána will be given instructions on the way they will be implemented and enforced; his views on their implementation with urgency; his further views on whether anti-social behaviour is a major problem in many of our communities; if the Gardaí will be given extra resources to tackle anti-social behaviour; if he is satisfied that there is enough legislative support to tackle anti-social behaviour; and if he will make a statement on the matter. [35317/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that strong provisions are in place to combat anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act, 1994, which modernised the law in this regard. Furthermore, because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I brought forward tough provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. 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.

More recently, I brought forward additional provisions, which were enacted in the Criminal Justice Act, 2006, to deal with anti-social behaviour. The Act empowers a senior member of the Garda Síochána to apply to the District Court by way of a civil procedure for an order which will prohibit an adult from behaving in an anti-social manner.

Separate provision is being made in relation to young people. The Act introduces provisions for behaviour orders for children aged 12 to 18 years into the Children Act, 2001 and the protections of that Act will apply. There will be a series of incremental stages, with parental involvement, preceding an application for a behaviour order. These include a warning, a good behaviour contract and referral to the Garda Juvenile Diversion Programme. Only after these stages can a behaviour order be sought through the courts.

The relevant provisions of the Criminal Justice Act, 2006 will be commenced following consultations between my Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. These consultations are currently ongoing. The purpose of this is to ensure that these provisions will commence as soon as the Commissioner has made the necessary internal arrangements to ensure the smooth introduction of these new procedures.

I am informed by the Garda authorities that An Garda Síochána has a pro-active approach to policing anti-social/public disorder issues by immediate intervention, arrest and prosecutions or advice, as appropriate. Local Garda management provide for this in policing plans and make every effort to provide a highly visible police presence on the streets of our towns and villages through the deployment of uniform Gardaí, detective units, divisional traffic corps, community policing units and mountain bike units as appropriate. Garda patrols pay particular attention to areas where the public tends to congregate such as licensed venues and fast food outlets while awaiting transport, so as to prevent and detect incidents of public disorder.

Insofar as the resources available to the Gardaí are concerned, the position is that these have been increased significantly in recent years. The personnel strength (all ranks) of An Garda Síochána increased to a record 12,762 on Friday, 8 September, 2006, following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. Furthermore, the Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year and the Garda Commissioner will now be drawing up plans on how best to distribute and manage these considerable additional resources.

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