Joe Costello (Dublin Central, Labour)
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Question 260: To ask the Minister for Justice and Equality if he will clarify if anti-social behaviour orders can be issued to persons on private property causing a disturbance to their neighbours; the powers the Garda has regarding same; and if he will make a statement on the matter. [12334/11]

Alan Shatter (Dublin South, Fine Gael)
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Part 11 of the Criminal Justice Act 2006 provides for civil proceedings in relation to anti-social behaviour by adults, and Part 13 of the Act relates to anti-social behaviour by children. The Act provides that a person behaves in an anti-social manner if the person causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the person harassment, significant or persistent alarm, distress, fear or intimidation or significant or persistent impairment of their use or enjoyment of their property. Anti-social behaviour is not restricted to behaviour in a public place.

The provisions of Parts 11 and 13 of the Act set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to adults, these include behaviour warnings issued by a member of An Garda Síochána and civil orders made by a court. With regard to children, they range from 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.

With regard to both adults and children, a behaviour warning remains in place for three months from the date of issue. With regard to children specifically, a good behaviour contract lasts for six months, but may be renewed for a further three months. A behaviour warning allows the person who is the subject of the warning, and where appropriate parents and guardians, to address the behavioural problem which resulted in the warning to be issued, so that the issue of a civil order (in the case of an adult) or a behaviour order (in the case of a child) is not necessary.

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