Deirdre Clune (Cork South Central, Fine Gael)
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Question 104: To ask the Minister for Justice, Equality and Law Reform the steps he will take to tackle vandalism and anti-social behaviour, such as that which occurred on Halloween night 2007; and if he will make a statement on the matter. [27534/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Under the Garda Síochána Act 2005 it is open to me to set policing priorities for An Garda Síochána. I recently announced these priorities for 2008. One of the priorities I have set is to combat, particularly in co-operation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available namely ASBOs and behaviour warnings and closure orders.

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. Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. The Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. The Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. The Children Act, 2001 gives a statutory basis to the Programme.

Garda Youth Diversion Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda/ community relations. I recently approved the establishment of an additional seven projects, bringing the current total to 100 throughout the country. It is intended to establish a further 68 projects in the lifetime of this Government bringing the total number of projects to 168 nationwide.

More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts, and the use of detention only as a last resort.

Recent measures have reformed our entire approach to youth justice. The Irish Youth Justice Service, an executive office of my Department which is co-located in the Office of the Minister for Children, now has responsibility for developing youth justice policy and operating the children detention schools. CCTV schemes are a strong deterrent in fighting crime and anti-social behaviour as well as giving communities greater peace of mind. Both Garda operated and community based CCTV schemes have been set up, and such schemes will continue to be set up.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area including the levels and patterns of anti-social behaviour such as the misuse of alcohol and drugs.

I am informed by the Garda authorities that Operation Encounter, commenced by the Commissioner in February, 2002, targets public disorder and anti-social type behaviour by specifically targeting offences contrary to the Criminal Justice (Public Order) Act, 1996 and the Intoxicating Liquor Act, 1988 which include the sale and consumption of alcohol by underage persons.

The Criminal Justice Act, 2006 which came into effect in August, 2006, provides for new offences governing the possession of illegally imported fireworks with intent to supply. It also provides for significantly increased penalties governing the illegal importation, sale and use of fireworks. Under the provisions, it is an offence

for any person to possess a firework with intent to sell or supply, without a licence,

to throw an ignited firework at any person or property, and

to light unlicensed fireworks in a public place.

The penalty for such offences is now a fine of up to €10,000 or 5 years' imprisonment or both. The simple possession of fireworks without a licence is also an offence for which a person may be liable to a fine of up to €10,000. A nationwide advertising campaign was run during the two weeks prior to Halloween in the national and regional newspapers to highlight to the public the dangers of fireworks and the significant penalties that exist for their illegal use.

I am informed that during the Halloween period the annual Garda Operation Tombola was in place and every Garda Region, with particular emphasis on the Dublin Metropolitan Region and border Garda Divisions, was instructed to detect and prevent the organised importation for sale of fireworks and to police the period. Intelligence informed operations and searches were conducted against persons suspected of engaging in the importation, sale and supply of fireworks.

I am also informed that in advance of Halloween, in areas where public disorder was anticipated, or information suggested that such activity may take place, special policing arrangements were made to prevent and detect breaches of the law. As part of this high-visibility policing initiative additional patrols were carried out by uniform Garda personnel, supported by plain-clothes personnel, including District Detective and Drug Units, Divisional Crime Task Force, Traffic Corps personnel and Community Policing and Mountain Bike Units.

Other measures employed by An Garda Síochána included liaising with local authorities for the removal of identified stockpiles of combustible materials and liaising with managers of off licences to ensure that staff were apprised of their obligations and responsibilities under licensing legislation relating to the sale of alcohol, in particular to underage persons.

An Garda Síochána also engaged with local communities and other stakeholders in putting in place measures to address public order issues that arose around the Halloween period. Through the Schools Programme and other local programmes members of An Garda Síochána emphasised that fireworks are illegal and highlighted the dangers associated with illegally imported fireworks.