Charlie O'Connor (Dublin South West, Fianna Fail)
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Question 289: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will report on the introduction of anti-social behaviour orders; the way they will be monitored; and if he will make a statement on the matter. [1438/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I commenced Part 11 of the Criminal Justice Act, 2006 regarding civil proceedings in relation to anti-social behaviour by an adult on 1 January, 2007.

A person behaves in an anti-social manner if the person causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the person (a) harassment, (b) significant or persistent alarm, distress, fear or intimidation, or (c) significant or persistent impairment of their use or enjoyment of their property.

The first step in the procedure set out in the Act is that a member of the Garda Síochána issues a behaviour warning to a person who has behaved in an anti-social manner. The behaviour warning will contain specific information. It will include a statement from the member of the Garda Síochána issuing it that the person concerned has behaved in an anti-social manner and will give details of the unacceptable behaviour, such as what the behaviour was and the time when and the place where it took place. It will make a demand either that the people cease the behaviour or otherwise address the behaviour in a way set out in the warning. Finally, the behaviour warning will warn the person that failure to comply with this demand may result in an application to the courts for a civil order or that issuing of a subsequent behaviour order might also result in an application to the courts for a civil order.

If a behaviour warning or a series of warnings does not result in the person changing his or her behaviour, the Garda Síochána may apply to the District Court for a civil order to prohibit the person from doing anything specified in the order. Only a senior member of the Garda can make the court application, which means an officer not below the rank of superintendent. An order will remain in force for a period specified in the order, which cannot be longer than two years. If no period is specified, an order will remain in force for two years. The penalties for breach of an order will be a fine not exceeding €3,000 or a maximum of six months imprisonment or both.

The Minister for Children, Mr Brian Lenihan T.D., has developed a range of separate procedures to apply to young people which were framed in the context of the overall philosophy and policy that underpins the Children Act and contain significant additional features to the civil orders for persons over 18. Every effort is made to provide an opportunity for the child and his or her parents or guardians to address the behavioural problems in a way that minimises contact with the criminal justice system. These proposals, which come into effect from 1 March next, will also ensure there will be full parental involvement at all relevant stages.

Information on behaviour warnings and civil orders made will be available to all members of An Garda Síochána through the PULSE system.

An Garda Síochána will monitor the implementation of these plans and will inform my Department on a regular basis.

Preparations are currently being finalised for initiatives to increase public awareness and knowledge of these provisions of the Act.