Written answers

Thursday, 21 July 2011

Department of Justice, Equality and Defence

Anti-Social Behaviour

7:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 518: To ask the Minister for Justice and Equality the number of anti-social behaviour orders that have been issued under the Criminal Justice Act 2006 each year since 2007 and to date in 2011; the age profile of those that have been issued ASBOs; the type and level of offences; and if he will make a statement on the matter. [22161/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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. These provisions relate to behaviour which is anti-social as defined in section 113 of the Act.

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.

I am informed by the Garda authorities that three court orders were issued to adults in 2008 and one in 2010 and three orders were issued to children in 2008.

I am awaiting a report from the Garda authorities in relation to the other information requested, and I will contact the Deputy again when the information is to hand.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 519: To ask the Minister for Justice and Equality if he will consider, in liaison with the Department of the Environment, Community and Local Government, new measures to target anti-social behaviour in privately owned and privately rented houses; and if he will make a statement on the matter. [22162/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Legislation currently in place relating to anti-social behaviour, including the Criminal Justice Act 2006, which provides inter alia for behaviour warnings and criminal proceedings in respect of anti-social behaviour, applies to private residences as well as public places and is utilised as necessary by An Garda Síochána.

Such legislation is kept under ongoing review by my Department.

I am informed that the Department of the Environment, Community and Local Government is considering the approach to anti-noise legislation in light of the Programme for Government, which includes a commitment to address noise pollution.

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