Dáil Éireann díospóireacht -
Thursday, 9 Nov 2000

Vol. 525 No. 4

Written Answers. - Public Order Act.

Brendan Smith

Ceist:

143 Mr. B. Smith asked the Minister for Justice, Equality and Law Reform the plans there are to extend the Public Order Act, 1994, in view of the wide spread concern with regard to unruly behaviour, the drinking of alcohol and the taking of other substances in public places, derelict sites and in unused buildings in view of the fact these problems are a source of concern in many towns and communities here; and if he will make a statement on the matter. [25374/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The Criminal Justice (Public Order) Act, 1994, which deals with public order offences, represented a radical overhaul of criminal justice legislation in the area of public order. It provides for a range of public order offences which can be committed in public places, such as intoxication, disorderly conduct, threatening or abusive behaviour, riot, affray etc. It also provides the gardaí with important powers to deal with public order offenders.

Section 4 of the Criminal Justice (Public Order) Act, 1994, makes it an offence for any person to be present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he or she might be a danger to himself or herself or to any other person in the vicinity. Section 5 of the 1994 Act creates the offence of disorderly conduct in a public place and section 6 creates the offence of using or engaging in any threatening, abusive or insulting words or behaviour. Section 4 of the 1994 Act also empowers the Garda to confiscate alcohol where it is suspected that an offence under that section is being committed or where it is suspected that an offence under sections 5 or 6 is being committed and the alcohol is relevant to those offences.

Section 8 of the 1994 Act empowers the Garda to "move on" persons who are acting in a manner contrary to the provisions of a number of sections including sections 4, 5 or 6 or who are loitering in a public place in circumstances which give rise to apprehension for the safety of persons or property or the maintenance of the public peace.

I understand that the provisions of the 1994 Act are used extensively by the Garda and that it is widely accepted that the legislation has proved invaluable to the Garda in dealing with public order offences. I am therefore satisfied that the 1994 Act is providing an effective legal framework for dealing with behaviour which threatens public order. However, like all legislation, the 1994 Act is kept under review. In this respect, the Deputy may be aware from the press release on the Government's legislation programme, issued by the office of the Government Chief Whip on 27 September 2000, that a Criminal Justice (Miscellaneous Provisions) Bill forms part of that programme. This Bill, the heads of which are currently being prepared within my Department, will provide for miscellaneous criminal law reform matters. I am in consultation with the Garda authorities in relation to provisions to be included in the Bill, and any proposals from the Garda to include provisions to amend the 1994 Act will be carefully considered in that context.