Tony Gregory (Dublin Central, Independent)
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Question 297: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that ASBOS have been successfully utilised by the English police to curtail street prostitution in residential areas; if similar action might be taken in residential areas (details supplied) in Dublin 7 where there is an ongoing social problem with street prostitution; and if he will make a statement on the matter. [1529/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Under Section 8 of the Criminal Law (Sexual Offences) Act 1993, Gardaí have the power to caution persons they suspect to be loitering in an area for the purpose of prostitution to leave immediately the area and, if the person fails or refuses, a Garda has the power to arrest them, without warrant, and charge them with an offence. In its efforts to prevent loitering for the purpose of prostitution, Gardaí use their powers under this section and section 7 (soliciting or importuning for purposes of prostitution) of the Act, as well as imposing certain bail conditions on persistent offenders.

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 person 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.

Depending on the particular circumstances of any case, the activities of a prostitute in an area may amount to behaving in an anti-social manner as defined in the Act, in which case the remedies available under the Act can be considered.