Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Public Order Offences

7:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 98: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his proposals to deploy sufficient Garda numbers to tackle the ever increasing problem of anti-social activity including drug peddling which more often than not revolves around recreational or amenity areas including wooded areas adjacent to housing estates; if his attention has been drawn to the seriousness and growth of such incidents; and if he will make a statement on the matter. [42224/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 13,000 on Thursday, 16 November, 2006, following the attestation of 299 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The induction of 280 new Garda recruits to the Garda College on 6 November, 2006 resulted in a combined strength, of both attested Gardaí and recruits in training, of 14,137. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

I can inform the Deputy that strong provisions are in place to combat public order problems including 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. 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. The Act provides for the making of exclusion orders on individuals to prohibit that person from entering or being in the vicinity of specified premises between such times, and during such a period, as the Court may specify. The Act also provides for the making of closure orders on specified premises, requiring that premises to close at a specified time or between specified times on a specified day or days during a specified period. A closure order may also require a premises to close for a maximum of 7 days in respect of a first order or for a minimum of 7 days and a maximum of 30 days in respect of a second order.

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.

More recently, I brought forward additional provisions in the Criminal Justice Act 2006 to deal with public order offences and anti-social behaviour. In relation to public order offences, Section 184 amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to lesser public order offences as an alternative to proceedings being taken in the first instance. Section 185 of the 2006 Act amends section 19 of the Criminal Justice (Public Order Act) 1994 to make it an offence to assault or threaten or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of 'Peace Officer' is expanded to include members of the fire brigade and ambulance personnel.

In the case of 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 provisions on anti-social behaviour of the Criminal Justice Act, 2006 will be commenced soon, following the consultations required under the Act 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 99: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his proposals to deal with anti-social activity throughout County Kildare with particular reference to recreational or amenity space adjacent to residential areas; and if he will make a statement on the matter. [42225/06]

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 public order problems including 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. 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. The Act provides for the making of exclusion orders on individuals to prohibit that person from entering or being in the vicinity of specified premises between such times, and during such a period, as the Court may specify. The Act also provides for the making of closure orders on specified premises, requiring that premises to close at a specified time or between specified times on a specified day or days during a specified period. A closure order may also require a premises to close for a maximum of 7 days in respect of a first order or for a minimum of 7 days and a maximum of 30 days in respect of a second order.

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.

More recently, I brought forward additional provisions in the Criminal Justice Act 2006 to deal with public order offences and anti-social behaviour. In relation to public order offences, Section 184 amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to lesser public order offences as an alternative to proceedings being taken in the first instance. Section 185 of the 2006 Act amends section 19 of the Criminal Justice (Public Order Act) 1994 to make it an offence to assault or threaten or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of 'Peace Officer' is expanded to include members of the fire brigade and ambulance personnel.

In the case of 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 provisions on anti-social behaviour of the Criminal Justice Act, 2006 will be commenced soon, following the consultations required under the Act 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.

Current policing plans are predicated on the prevention of anti-social and public order offences, including offences committed in recreational or amenity areas adjacent to resident areas, the prevention of crime, including crimes of violence against persons and property, and the maintenance of an environment conducive to the improvement of quality of life of the residents. This strategy is, and will continue to be, central to the delivery of a policing service.

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