Written answers

Tuesday, 8 July 2008

Department of Justice, Equality and Law Reform

Public Order Offences

11:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 82: 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. [27048/08]

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Question 89: 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. [27160/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 82 and 89 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 from 1 January, 2007 to 31 May, 2008, 700 behaviour warnings were issued to adults and 354 to children. There have been ten formal good behaviour contracts agreed.

In setting up the regime in the Criminal Justice Act 2006, 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, they will culminate in an order being sought by the Garda authorities from the courts.

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