Seán Sherlock (Cork East, Labour)
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Question 37: To ask the Minister for Justice, Equality and Law Reform his plans to increase investment in the probation service and enhance diversion programmes in respect of anti-social behaviour and minor public order offences; and if he will make a statement on the matter. [28363/10]

Dermot Ahern (Louth, Fianna Fail)
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The Probation Service of my Department is the lead agency in the assessment and management of offenders in our communities. In common with the rest of the Civil Service the Probation Service is subject to the Government's moratorium on recruitment and promotion and its staff also have access to the Incentivised Career Break Scheme and the Incentivised Scheme of Early Retirement. Where vacancies do arise, the Probation Service is required to further prioritise its workload.

When the Probation Service was restructured five years ago, emphasis was placed on working with higher risk offenders and juvenile offenders and in developing the Community Service system as an effective alternative to custody. These remain the priority areas for the Probation Service.

As part of this re-focusing of its work the Deputy will be aware the Probation Service has benefited from the provision of an increased level of resources during the restructuring period. This has meant that despite the impact of the Moratorium and other associated measures such as the Incentivised Scheme of Early Retirement (ISER) and the Incentivised Career Break Scheme (ICBS), the number of staff working in the Service is still greater than at the end of 2006 and only marginally less than at the end of 2007. Excluding those vacancies arising from staff availing of ISER and ICBS, both of which Schemes were specifically designed to reduce Civil Service numbers, 28 whole-time equivalent vacancies have arisen since the introduction of the Moratorium. Of these, 21 are in the ranks of Probation Officer/Community Service Supervisor with the remainder from Administrative Support Staff.

My Department and Probation Service management are keeping the situation under constant review to ensure that the resources at the disposal of the Service are managed as effectively and efficiently as possible.

In addition to the core staffing provided to the Service my Department, through the Probation Service, provides funding - amounting to 31% of the total Probation budget for 2010 - to approximately 50 voluntary bodies to add value to the core work of the Service and to assist with the management of offenders in the community.

With regard to diversion programmes, the Garda Commissioner has informed me that, at present, there are 116 Juvenile Liaison Officer posts approved within An Garda Síochána. One hundred and eleven of these posts are currently filled on a full-time basis. Five of the posts are vacant and the selection process for the new JLOs is well underway. I should point out that the Commissioner has approved the appointment of 7 additional JLOs each year for the past 3 years and a further seven posts will be added in accordance with the targets set out in the Garda Youth and Children Strategy 2009 - 2011. This will bring the total of approved JLO posts to 123.

With regard to the issue of anti-social behaviour, the Deputy will be aware that 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.

Up to 30 April, 2010, 1,670 behaviour warnings have been issued to adults and 1,278 to children. Thirteen good behaviour contracts have been 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.

At present the most common non-custodial sanction used by the Courts is the imposition of a fine and the new Fines Act will make a significant contribution to keeping people out of the prison system.

I should also add that the most recently published Discussion Document of the White Paper on Crime series, 'Criminal Sanctions', will include an examination of the use of non-custodial sanctions generally. Submissions on this Document were invited before the end of May and the opinions received will inform future plans.