John O'Mahony (Mayo, Fine Gael)
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Question 190: To ask the Minister for Justice, Equality and Law Reform the number of anti-social behaviour complaints brought to the attention of the Garda in each Garda division; the action taken following the complaints; if prosecution or penalty followed; and if he will make a statement on the matter. [34934/08]

Dermot Ahern (Louth, Fianna Fail)
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The Criminal Justice Act 2006 enacted provisions to combat anti-social behaviour by adults and children. 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, and 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 August, 2008, 820 behaviour warnings were issued to adults and from 1 March, 2007 to 31 August, 2008, 477 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.

The Adult Cautioning Scheme is an initiative of the Garda authorities developed in conjunction with the Office of the Director of Public Prosecutions. The Scheme makes provision for the administering of a caution by a senior Garda officer for certain minor offences, as an alternative to prosecution in the District Court, where prosecution is not required by the public interest and it is determined that a caution would be an effective response. The schedule of offences to which the scheme applies covers certain offences under the Criminal Justice (Public Order) Act 1984, the Criminal Justice (Theft and Fraud Offences) Act 2001, the Intoxicating Liquor Act 2003, the Non Fatal Offences Against the Person Act 1997 and the Criminal Damage Act 1991.

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, 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 an 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.

Strong provisions are 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 recently signed Regulations enabling further public order provisions of the Intoxicating Liquor Act 2008 to come into operation. The Act places a 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 Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.