THE GOVERNMENT is reviewing the effectiveness of anti-social behaviour orders (Asbos) amid claims by Opposition parties and youth groups that the system has been a failure.
Minister for Justice Dermot Ahern has requested a review of the system by the Garda Commissioner to see “if any improvements can be made”.
He is expected to receive the report shortly.
A total of just six Asbos have been issued in the two years since the legislation was introduced.
Since the civil proceedings were introduced over two years ago, eight applications were made to the courts for orders.
Six were granted, three for adults and three for children.
A total of 988 “behaviour warnings” were issued to adults and 684 warnings to children. Twelve “good behaviour contracts” – used only in the case of children – were also agreed.
The civil proceedings become criminal only if an Asbo is not obeyed.
Some observers speculate that any review of the system may result in the introduction of new anti-social measures contained in the programme for government. These envisaged:
Expanding Garda powers to issue “stay away orders” where there is harassment in public places/at a person’s home or witness intimidation;
Legislating to allow gardaí to issue “restriction orders”, which would be used in emergency situations to restrict named persons from travelling to or from certain places for defined periods of time;
Making parents responsibility for criminal damage and costs incurred by victims of their children’s anti-social behaviour;
Creating new anti-social behaviour action teams in each local authority areas;
Increasing penalties under the Public Order Act especially for alcohol-related disorder and increase the fine for supplying alcohol to under 18s from €1,500 to €5,000.
The Labour Party’s justice spokesman Pat Rabbitte has said that the Asbo is a “failed mechanism” and is not a deterrent to anti-social behaviour.
Mr Ahern has rejected the claim and told the Dáil recently that there was a “sequence” in place, with the Asbo as a “last resort”.
He has said these behaviour warnings had an effect because only in a rare number of cases had they gone to court.
“Where warnings or good behaviour contracts do not succeed in altering a person’s behaviour, however, they will culminate in orders being sought by the Garda authorities from the courts,” Mr Ahern said.
Youth Work Ireland, which opposed the anti-social behaviour order system from the beginning, has called on the Government to scrap the scheme.
“The Government should re-examine the use of the Asbos and ask whether in today’s economic climate we can afford the cost of Garda time and energy in running such a scheme which apparently is not implemented and not popular with gardaí,” said Michael McLoughlin of Youth Work Ireland.
“A proper programme of increasing community gardaí and juvenile liaison officers would be a better investment long-term in cutting anti-social behaviour.”