Liz McManus (Wicklow, Labour)
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Question 36: 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. [32845/08]

Dermot Ahern (Louth, Fianna Fail)
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It is the nature of many public order offences that they are recorded and detected only 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, in particular 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. Over 500,000 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. The Intoxicating Liquor Act 2008 gives further powers to the Gardaí to tackle misuse of alcohol which is often at the root of crime and anti-social behaviour.

I have signed Regulations enabling further public order provisions of the Intoxicating Liquor Act 2008 to come into operation. The Act places restriction on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse. These provisions also allow for the issue of fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place, which are offences under sections 4 and 5 of the Criminal Justice (Public Order) Act 1994. 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.

I am informed by the Garda authorities that from 1 January, 2007 to 30 September, 2008, 868 behaviour warnings were issued to adults and from 1 March, 2007 to 30 September, 2008, 491 behaviour warnings were issued to children. There have been ten formal good behaviour contracts agreed with children in the period 1 March, 2007 — 31 August, 2008.

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.

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. Joint Policing Committees are provided for in the Garda Síochána Act 2005. On 24 September, I launched, with my colleague the Minister for the Environment, Heritage and Local Government, guidelines for roll-out of the committees to all 114 local authorities. As a result, a Committee will be established in each local authority in the country where a Committee had not already been established under the initial pilot phase. I believe that, over time, the committees will make an enormous contribution to keeping our communities safe. They represent a partnership between the people, through their representatives, and An Garda Síochána in preventing and tackling crime and anti-social behaviour.

Willie Penrose (Longford-Westmeath, Labour)
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Question 37: To ask the Minister for Justice, Equality and Law Reform the number of persons, broken down between children and adults, 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. [32859/08]

Dermot Ahern (Louth, Fianna Fail)
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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 30 September 2008, 868 behaviour warnings were issued to adults and from 1 March 2007 to 30 September 2008, 491 behaviour warnings were issued to children. There have been ten formal good behaviour contracts agreed from 1 March 2007 to 31 August 2008. In setting up the scheme 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. The number of civil orders (adult) and behaviour orders (child) sought by members of An Garda Síochána during the periods in question is currently being researched. I will contact the Deputy when the information is available.