Written answers

Thursday, 7 October 2010

Department of Justice, Equality and Law Reform

Public Order Offences

5:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 53: To ask the Minister for Justice and Law Reform the steps he will take to address anti-social behaviour; and if he will make a statement on the matter. [35228/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Strong provisions are in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, because of concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, provisions were brought forward to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. The Criminal Justice (Public Order) Act 2003 also provides the Gardaí 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. Gardaí now have the power to seize alcohol in the possession of an under 18 year old which they suspect is for consumption in a public place. They can also seize alcohol where they reasonably believe that there is the danger of public disorder or damage to property and require the person to leave the place. Gardaí may also issue fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place. These notices are a more efficient and effective use of Garda resources and avoid court proceedings when an offender pays the penalty.

An Garda Síochána works to reduce public disorder by identifying and proactively targeting local hot spots and responding quickly to reports of public disorder and anti-social behaviour. Operation Encounter has been in operation since 2002 to target public disorder and anti-social behaviour and specifically targets offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act 1988. Almost 615,000 offences have been detected since the operation's commencement.

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 Court. I am informed by the Garda authorities that, up to 30 September, 2010, 2,208 behaviour warnings have been issued to adults and 1,476 to children. Fifteen good behaviour contracts have been made with children. Four civil orders (in respect of adults) and three behaviour orders (in respect of children) have been issued by the courts.

The Garda Adult Cautioning Scheme enables warnings to be issued to offenders in certain circumstances (specified by the Director of Public Prosecutions), instead of their being prosecuted. While it reduces the volume of cases prosecuted through the courts by An Garda Síochána and allows less serious offenders, who are considered unlikely to re-offend, to have their cases dealt with expeditiously. It also forces offenders to confront the reality of the offences they have committed. Most of the offences covered by the Scheme are public order and anti-social behaviour offences and include offences under the Public Order Act 1994 (for example, intoxication in a public place, threatening, abusive or insulting behaviour in a public place and failure to comply with a direction of a Garda) and the Intoxicating Liquor Acts (for example, disorderly conduct).

Tackling youth crime is a key priority for this Government. The Government's policy on youth crime is set out in detail in the National Youth Justice Strategy 2008-2010. This strategy is underpinned by the principles of the Children Act 2001, as amended. The approach adopted by the Government involves the deployment of Garda Juvenile Liaison Officers, community Gardaí and the use of measures such as the Garda Diversion Programme, Garda Youth Diversion Projects, Young Persons Probation Projects, community sanctions and the incremental process of warnings, good behaviour contracts and anti-social behaviour orders, all of which attempt to confront youth crime and related behaviours in an incremental way, with detention as a last resort.

An Garda Síochána also works very closely with local authority personnel with regard to the enforcement of the provisions of the Housing (Miscellaneous Provisions) Act, in respect of anti-social behaviour and related matters, by persons provided with local authority housing.

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