Home > Dail Eireann debate. Written answer 443 - Anti-social behaviour. [53921/12]

[Oireachtas] Dail Eireann debate. Written answer 443 - Anti-social behaviour. [53921/12]. (04 Dec 2012)

External website: http://oireachtasdebates.oireachtas.ie/debates%20a...

443. Deputy Eric Byrne asked the Minister for Justice and Equality if he will clarify all legislation currently being administered in relation to anti-social behaviour; and if he will make a statement on the matter. [53921/12] 

Minister for Justice and Equality (Deputy Alan Shatter) There is a range of strong legislative provisions available to an An Garda Síochána to combat anti-social behaviour.
These include measures under the Criminal Justice (Public Order) Acts and the Intoxicating Liquor Acts. The Criminal Justice (Public Order) Act 2003 provides Gardaí with powers to deal with anti-social conduct attributable to excessive drinking, including exclusion orders in respect of premises and closure orders for licensed premises and catering outlets following anti-social behaviour related offences. In addition, the Intoxicating Liquor Act 2008 gives further powers to Gardaí to tackle the misuse of alcohol, including the power to seize alcohol in the possession of an under 18 year old which they suspect is for consumption in a public place. Gardaí may can also seize alcohol to forestall public disorder or damage to property. Fixed charge notices may be issued for the offences of intoxication in a public place and disorderly conduct in a public place. This option has the benefit of a more efficient use of Garda and Court resources, while also allowing an offender who complies with the notice to avoid a possible criminal record.
Section 4 of the Criminal Justice (Public Order) Act 2011 provides Gardaí with the power of arrest without warrant where a person begging, harasses, intimidates, assaults or threatens any other person or persons, or obstructs the passage of persons or vehicles, and fails to comply with a direction to move on peaceably from the vicinity.
Part 11 of the Criminal Justice Act 2006 provides for civil proceedings in relation to anti-social behaviour by adults and Part 13 of the Act relates to anti-social behaviour by children. These provisions set out an incremental procedure for addressing anti-social behaviour. 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.
Where anti-social behaviour is directed at property, the Gardaí have recourse to the provisions of the Criminal Damage Act 1991 which provides a range of offences and penalties, up to and including, on conviction on indictment, imprisonment for a term not exceeding 10 years for the damage, threat of damage or possession of anything with intent to damage, a person’s property.
The foregoing are some of the more important pieces of legislation in relation to anti-social behaviour. There are many others which may be relevant depending on the nature and gravity of the behaviour at issue.
Dáil Éireann Debate Vol. 785 No. 1
Tuesday 4 December

Repository Staff Only: item control page