Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 194: To ask the Minister for Justice, Equality and Law Reform the steps which he will take to address the issue of anti-social behaviour; and if he will make a statement on the matter. [22157/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. The Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. The Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. It operates on a nationwide basis under the supervision and direction of the Garda National Juvenile Office. The Programme provides that, in certain circumstances, a juvenile under 18 years of age, who freely accepts responsibility for a criminal incident, may be cautioned as an alternative to prosecution. In the more serious cases, juveniles are placed under the supervision of Garda Juvenile Liaison Officers, who are responsible for administering the Programme at the local level. It has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. The Children Act, 2001 gives a statutory basis to the Programme.

Garda Youth Diversion Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda/community relations. The Government is committed to doubling the number of projects to 168. I recently approved the establishment of an additional 12 projects, bringing the current total to 93 throughout the country. I hope to establish a further seven projects before the end of 2007, bringing the total number of projects to 100 nationwide.

More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts, and the use of detention only as a last resort.

Recent measures have reformed our entire approach to youth justice. The Irish youth justice service, an executive office of my Department which is co-located in the Office of the Minister for Children, now has responsibility for developing youth justice policy and operating the children detention schools.

Ultimately, offenders have to pay a price for engaging in anti-social behaviour. I have therefore asked my Department to look at the question of what the Programme for Government refers to as community payback. This involves those who have transgressed providing real services for the communities they have damaged. It is the case that community service orders already mean some offenders make reparation to society generally, but I now want to examine the possibility of making a more direct connection between the offence and reparation to the community against whom the offence has been committed.

CCTV schemes are a strong deterrent in fighting crime and anti-social behaviour as well as giving communities greater peace of mind. Both Garda operated and community based CCTV schemes have been set up, and such schemes will continue to be set up.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area including the levels and patterns of anti-social behaviour such as the misuse of alcohol and drugs.

Twenty nine committees are now operating on a pilot basis. The Minister for the Environment, Heritage and Local Government, Deputy Gormley, and I are examining what lessons can be learned from the operation of the pilot committees, and we intend to have committees up and running in all local authority areas as early as possible in 2008.

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.

Under the Garda Síochána Act it is open to me to set policing priorities for the Garda Síochána. I am in the course of determining these priorities for 2008. One of the priorities I intend to set for the Garda Síochána is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available, viz. ASBOs and behaviour warnings and closure orders.