Dáil Éireann Debate, Thursday - 18 May 2006
210 Ms Shortall asked the Minister for Justice, Equality and Law Reform the regulations he envisages for the implementation of the legislation on anti-social behaviour orders; the way in which they will affect social housing landlords; when same will be available; and if he will make a statement on the matter. [19025/06]
Amharc ar fhreagraAs the Deputy will be aware I have brought forward my legislative proposals to deal with anti-social behaviour by way of proposed Committee Stage amendments to the Criminal Justice Bill 2004. The Bill is currently before the Select Committee on Justice, Equality, Defence and Women's Rights.
My proposals will empower a senior officer of the Garda Síochána to apply to the District Court by way of civil procedure for an order which would prohibit a person from behaving in an anti-social manner. Similar to civil injunctions, breaches of which are punishable as a criminal contempt, a breach of such an order will be a criminal offence. This type of order is not an entirely new concept. Such an order is simply a mechanism whereby the law seeks to stop a person from behaving in a way which is causing significant distress to a community or to some person in that community. In this respect the principle behind this order is similar to the judicial power to bind over, which is a very old power indeed.
Insofar as orders for children are concerned my colleague Mr. Brian Lenihan, T.D., Minister of State with special responsibility for Children has brought forward separate provisions in relation to children, also by way of proposed Committee Stage amendments to the Criminal Justice Bill 2004. These provisions have been brought forward as part of a package of measures concerning juvenile justice issues.
The Deputy enquires as to the regulations that I would envisage for the implementation of these proposals. The proposals, as published, provide for a single regulatory making power (mirrored in both the adult and child provisions) in relation to matters pertaining to legal aid. It is proposed to provide that persons who are the subject of an application for an order in respect of anti-social behaviour may be granted free legal aid. The proposed regulations provide that the Minister for Justice, Equality and Law Reform may make regulations for bringing the legal aid provisions into effect. The regulations may, in particular, prescribe the form of legal aid certificates to be used in anti-social behaviour cases, the rates or scales of payment, and the manner in which solicitors and counsel are to be assigned under those certificates.
However, the Deputy may wish to note that I have brought forward an amendment to the commencement provision in the Bill so as to provide that those provisions dealing with anti-social behaviour may only be commenced after the Minister for Justice, Equality and Law Reform has consulted with the Garda Commissioner. The purpose of this is to ensure that these provisions will only be commenced after the Commissioner has had the opportunity to make the necessary internal arrangements to ensure that the members of the force are familiar with these new procedures.
In formulating the proposals my Department has, where the need arose, consulted with relevant Departments. In this regard, discussions have taken place with the Department of the Environment, Heritage and Local Government in relation to housing legislation in so far as anti-social behaviour is concerned. I understand that the Minister for the Environment, Heritage and Local Government is taking account of my proposals in a current review of housing legislation that is intended to strengthen the statutory powers of housing authorities to combat anti-social behaviour.
