Ruairi Quinn (Dublin South East, Labour)
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Question 206: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of anti-social behaviour orders issued to date. [3411/07]

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 application by the Garda Siochana to the Courts for an order under the Act comes at the end of a process. 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.

I am informed by the Garda authorities that there have been eleven behaviour warnings issued by members of An Garda Síochana (to adults) since the 1 January 2007, which may, if they do not have the desired effect, result in applications for orders. I intend to commence the provisions of the Criminal Justice Act 2007 relating to anti-social behaviour by children with effect from 1 March 2007. These provisions set out on incremental procedure for addressing anti-social behaviour by children from a warning from a member of An Garda Síochána to the making of a behaviour order by the Children Court.