Ruairi Quinn (Dublin South East, Labour)
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Question 208: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to reports of an increase in the level of anti-social behaviour in the area of Fethard, County Tipperary; if there are plans to provide extra Gardaí in the town to deal with this situation; and if he will make a statement on the matter. [42719/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that there has been no discernible increase in the number of anti-social/public disorder incidents in the Fethard area and the number remains small. I am also informed that one Sergeant and one Garda are currently allocated to the Garda sub-district of Fethard. I am further informed that local Garda management has an initiative to address the issue of public disorder and other anti-social type behaviour in place in the Clonmel Garda District including the Fethard area, which includes high visibility patrols by uniform and plain-clothes personnel from the Clonmel District with additional patrols by the Divisional Traffic Corps targeting this type of criminality.

In general 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 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.