Pat Rabbitte (Dublin South West, Labour)
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Question 115: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when the anti-social behaviour provisions of the Criminal Justice Act 2006, will be brought into operation; and if he will make a statement on the matter. [36275/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Criminal Justice Act, 2006 contains provisions 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. In relation to children aged 12 to 18 years, specially tailored provisions, fully integrated into the Children Act 2001, provide for a number of steps. These culminate in court orders for those engaged in anti-social behaviour.

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. Section 1(3) of the Act makes specific provision to this effect. The purpose of this is to ensure that these provisions will only be commenced after the Commissioner has had the opportunity to make the necessary internal arrangements to ensure the smooth introduction of these new procedures. Work is underway in the Garda Síochána to put these arrangements in place.

I want to emphasise again that separate provision is being made in relation to young people. The Criminal Justice Act, 2006 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 has to 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.

In addition to new administrative procedures within the Garda Síochána, behaviour orders require changes to the existing Garda Juvenile Diversion Programme provided for in the Children Act, 2001.