Kathleen Lynch (Cork North Central, Labour)
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Question 136: 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; when he will take steps to reduce the number of such offences; and if he will make a statement on the matter. [21090/08]

Shane McEntee (Meath East, Fine Gael)
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Question 139: To ask the Minister for Justice, Equality and Law Reform his vision in respect of tackling antisocial behaviour; and if he will make a statement on the matter. [21150/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 136 and 139 together.

It is the nature of many public order offences that they are only recorded and detected because of the presence of Gardaí. I am informed by the Garda Commissioner that the increase in the number of public order offences detected reflects the significant increase in the level of Garda activity in this respect under Operation Encounter.

Operation Encounter was commenced by the Commissioner in February 2002. The operation specifically targets offences contrary to the Criminal Justice (Public Order) Act 1994 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.

One of the policing priorities set for An Garda Síochána for 2008 under the Garda Síochána Act, 2005 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with a particular emphasis being placed 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.

Binge drinking is what lies behind many incidents of public disorder and violence. The problem is not restricted to teenagers or young people and it is fuelling public order problems on the streets. The Government Alcohol Advisory Group which was established in January last to examine the public order aspects of the sale and consumption of alcohol submitted its Report on 31 March. It contains 31 recommendations for legislative and other reforms in areas covered by its terms of reference. On 22 April, the Government approved the drafting of the Intoxicating Liquor Bill 2008 which contains proposals for urgent reforms to licensing law and public order legislation in response to certain recommendations in the Report. Both the Report and details of the proposed legislation were subsequently published.

Drafting of the Bill is at an advanced stage and I intend to present it to the Dáil in the very near future. I am confident that this legislation will, when enacted, assist the Gardaí in combating anti-social behaviour and public disorder.

The Criminal Justice Act, 2006 provides for fixed charge notices to be used for certain drink-related public order offences. I am informed by the Garda authorities that work on the necessary arrangements for the introduction of these provisions is under way with a view to their introduction as soon as possible this year.

The Criminal Justice Act, 2006 also 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 — 624 behaviour warnings to adults up to the end of April and 279 to children. There have also been nine formal good behaviour contracts, which are used only in the case of children, agreed.

In addition to the criminal law, a wide range of initiatives is 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.