Pat Rabbitte (Dublin South West, Labour)
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Question 473: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to provide for a system of parental responsibility for criminal damage and costs incurred by victims of their children's anti-social behaviour. [19298/08]

Dermot Ahern (Louth, Fianna Fail)
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The Children Act 2001, as amended, provides for a number of measures in relation to parental responsibility in respect of children involved in anti-social behaviour, and children found guilty of offences. Section 111 of the Act provides that in any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child's parents where it is satisfied that a wilful failure of the child's parents to take care of or control the child contributed to the child's criminal behaviour.

Section 113 of the Act provides that where a court is satisfied of the guilt of a child and that the appropriate way of dealing with the case is to make a compensation order, it may order that the compensation be paid by the parent or guardian of the child instead of the child. Section 114 of the Act provides that a parent or guardian may be ordered by the court to enter into a recognisance to exercise proper and adequate control over their child. If the child is found guilty of another offence as a result of said parent or guardian failing to exercise such control, the parent or guardian would forfeit the recognisance.

It should be noted, however, that the imposition of any particular sanction referred to above on the parents or guardians of an offending child is a matter for the judiciary. In addition, Part 13 of the Criminal Justice Act 2006 introduced new measures with effect from 1st March 2007 to tackle anti-social behaviour of children through a civil process. These measures provide that when a Garda becomes aware of anti-social behaviour, the Garda may issue a behaviour warning to the child. Failure to obey the warning may result in a good behaviour contract being made involving the child, their parent(s) or guardian and the Gardaí. If a contract is broken or if it is not working, it can be renewed or, an application can be made to the Children Court for a Civil Behaviour Order. In addition to the Order, the court may also make a plan for the child to be supervised by their parents or guardian.

Finally, the National Youth Justice Strategy 2008-2010 which was published recently provides for the monitoring of the use of the anti-social behaviour measures in the Children Act. This will be progressed during the term of the strategy.

Pat Rabbitte (Dublin South West, Labour)
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Question 474: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to create anti-social behaviour action teams in each local authority area. [19300/08]

Dermot Ahern (Louth, Fianna Fail)
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I attach a high priority to the combating of anti-social behaviour. One of the priorities set for An Garda Síochána for 2008 under section 20 of the Garda Síochána Act 2005 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including underage drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available. To this end An Garda Síochána are driving forward the establishment of interagency activities against anti-social behaviour, including the deployment of CCTV in urban areas. In addition, they are identifying local public order and anti-social behaviour hot spots and developing actions and plans in response.

The Agreed Programme for Government contains a range of commitments to combat anti-social behaviour. One of these is the creation of Anti-social Behaviour Action Teams (ASBATs) which would operate in areas experiencing serious problems with anti-social behaviour. My Department is currently researching the structure, role and activities of similar teams in other jurisdictions with a view to advancing implementation of this commitment.