Written answers

Thursday, 17 April 2008

Department of Justice, Equality and Law Reform

Anti-Social Behaviour

5:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 55: To ask the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings since the new system came into operation on 1 January 2007; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [14074/08]

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Question 69: To ask the Minister for Justice, Equality and Law Reform if legislation in respect of anti social behaviour orders is working effectively in combating antisocial behaviour; and if he will make a statement on the matter. [14127/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 55 and 69 together.

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. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children's Court.

I am informed by the Garda authorities that up to 31 March, 2008, 557 behaviour warnings were issued to adults and 211 to children. There have been seven formal good behaviour contracts, which are used only in the case of children, agreed. 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 a court order will be applied for. In any case, it inevitably takes time to reach the stage where a court order itself might be sought. No significance therefore should be attached to the fact that the stage has not yet been reached in the process where a court order has been issued. Where warnings or good behaviour contracts do not succeed in altering a person's behaviour, however, they will culminate in a court order being sought by the Garda authorities from the courts.

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