Dáil Éireann Debate, Tuesday - 9 October 2007
128 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings since the new system came into operation on 1 January 2007; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [22494/07]
View answer450 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour orders that have been issued by An Garda Síochána in 2007; and if he will make a statement on the matter. [22436/07]
View answerI propose to take Questions Nos. 128 and 450 together.
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 202 behaviour warnings have issued to adults up to 31 August, 2007 and 59 behaviour warnings issued to children in the same period. There was one good behaviour contract issued to a child in this period.
No anti-social behaviour orders have been issued by the courts up to 31 August, 2007.
Some inaccurate conclusions have been drawn from the fact no ASBOs have yet been applied for by the Garda authorities. The regime involves a series of procedures including behaviour warnings and, in the case of children, good behaviour contracts. In setting up the regime, the intention was that these warnings or good behaviour contracts would themselves address the problem behaviour. It is only if they fail that an ASBO will be applied. In any case, it inevitably takes time to reach the stage where an ASBO itself might be sought. Where these do not succeed in altering a person's behaviour, they will culminate in ASBOs being sought by the Garda authorities from the courts.
