Written answers

Thursday, 17 April 2008

Department of Justice, Equality and Law Reform

Public Order Offences

5:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 73: To ask the Minister for Justice, Equality and Law Reform his views on the increase of almost 60% in the number of public order offences between 2003 and 2007; the steps he is taking to reduce the number of such offences; and if he will make a statement on the matter. [14046/08]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 591: To ask the Minister for Justice, Equality and Law Reform the steps he has taken to prevent anti-social behaviour; the number of cases reported to the Gardaí since the introduction of the legislation; the number of prosecutions arising therefrom; and if he will make a statement on the matter. [14459/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 73 and 591 together.

It is the nature of many public order offences that they are only recorded and detected because of the presence of Gardaí. Accordingly, an increase in the number of such offences detected almost certainly signifies can signify increased Garda activity rather than any failure in Law enforcement.

Under the Garda Síochána Act 2005 it is open to me to set policing priorities for An Garda Síochána. One of the priorities I have set for 2008 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder. I specified that there should be particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, 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.

Operation Encounter was commenced by the Commissioner in February 2002 to target public order and anti-social behaviour against the community and local businesses. The operation specifically targets 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.

All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as 'hot-spots' by local Garda management and additional foot and mobile patrols are directed at these areas during times when these offences are more likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law. Almost 465,000 offences have been detected since the commencement of Operation Encounter.

The Government Alcohol Advisory Group, which I established at the beginning of the year, was tasked with examining key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under-age alcohol consumption. The Group presented their report to me on 31 March 2008. I intend to bring the contents of the report to the attention of Government in the very near future and, at the same time, to seek Government approval of proposals for the implementation of recommendations contained in the report. I intend to publish the relevant legislation during the current session and, with the assistance and cooperation of both Houses, to have it enacted before the Summer recess.

The Criminal Justice Act, 2006 enacted provisions to combat anti-social behaviour by adults and children. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. A significant number of behaviour warnings have been issued under the legislation — 557 behaviour warnings to adults up to the end of March and 211 to children. There have also been seven formal good behaviour contracts, which are used only in the case of children, agreed.

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. Under the provisions of the Children Act, 2001 the Programme has a statutory basis.

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. There are currently 100 projects operating throughout the country, and 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.

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 senior Garda officers, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. There are currently 29 Committees in operation in a pilot phase to gain experience rolling the Committees out to all local authority areas in the State. In general the outcome to date has been positive, and the Committees are meeting definite local needs. Issues of public disorder are high on the agenda of the committees.

Following on from a consultation seminar last November, work is underway on revising the guidelines under which the committees operate in the light of the experience gained to date. Following consultation with my Ministerial colleagues, I intend to issue revised guidelines to enable the roll out of the committees to take place as soon as possible, which I envisage will be in the middle of this year.

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