Michael McGrath (Cork South Central, Fianna Fail)
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Question 464: To ask the Minister for Justice, Equality and Law Reform the number of behaviour warnings that have been issued in respect of adults and children in Cork City and County under the ASBOs legislation. [22647/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children, the first step of which is the issue of a behaviour warning by a member of An Garda Síochána, which remains in place for three months from the date of issue.

I am informed by the Garda authorities that eight behaviour warnings have been issued to adults in the Cork City, Cork North and Cork West up to 31 August, 2007. No behaviour warnings have been issued to children in these Divisions in this period.

Some inaccurate conclusions have been drawn from the fact no ASBOs have yet been applied for by Garda authorities. The regime involves a series of procedures including behaviour warnings and, in the case of children, good behaviour contracts. In setting up the regime, the intention was that these warnings or good behaviour contracts would themselves address the problem behaviour. It is only if they fail that an ASBO will be applied. In any case, it inevitably takes time to reach the stage where an ASBO itself might be sought. Where these do not succeed in altering a person's behaviour, they will culminate in ASBOs being sought by the Garda authorities from the courts.