Michael Noonan (Limerick East, Fine Gael)
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Question 590: To ask the Minister for Justice, Equality and Law Reform the number of Antisocial Behaviour Orders that have been issued by the courts since the provision was made for this process in law; the distribution of ASBOs through the different garda divisions; his views on the reason the garda seem reluctant to seek ASBOS against young persons involved in anti social behaviour; and if he will make a statement on the matter. [15363/10]

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, which relates 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 finally to the making of a behaviour order by the Children Court. With regard to adults, they include a warning and the making of a civil order by the court.

I am informed by the Garda authorities that, up to 28 February, 2010, 1,501 behaviour warnings were issued to adults and 1,140 to children. Thirteen good behaviour contracts were issued to children. In addition, three civil orders (in respect of adults) and three behaviour orders (in respect of children) have been issued by the courts.

In setting up the regime the intention was that these interventions would address the problem behaviour. If they succeed, there will be no need to apply to the courts for an order. It is only if they fail to lead to a behaviour adjustment by the person in question, that a court order will be applied for.

My Department is examining, in consultation with the Department of the Environment, Heritage and Local Government and An Garda Síochána, possible approaches to dealing with and preventing anti-social behaviour at the local level, taking into account the financial and personnel resources available to local and national agencies in the current economic environment, and the desirability of using, to the greatest extent possible, existing structures.In addition to this examination, the review of the legislative provisions currently in place is continuing.