Headline-grabbing or problem-solving?

Asbos are the latest in a long line of measures aimed at tackling antisocial behaviour, writes Carl O'Brien.

Asbos are the latest in a long line of measures aimed at tackling antisocial behaviour, writes Carl O'Brien.

Just in time for the run-up to the general election, the Government's new solution to dealing with antisocial behaviour is being rolled out.

Focus groups and polling research suggest antisocial behaviour is high on the agenda of voters and all the major political parties have been scrambling to issue policy proposals on the issue over the last year.

The Government's favoured option - anti-social behaviour orders (Asbos) - are a form of civil order imported from Britain which may direct an offender to desist from specific antisocial acts. They are an eye-catching measure which have formed a key part of British prime minister Tony Blair's respect agenda, but the jury is still out on whether they cause more harm than good.

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Some research says Asbos are being widely breached and have become a "badge of honour" for young people. Instances of the misuse of Asbos are also regularly produced, including the case of a young Scottish woman who received an order banning her from answering the front door in her underwear.

However, the House of Commons home affairs committee concluded in a major report that Asbos had brought much-needed relief to suffering communities.

Minister for Justice Michael McDowell has been at pains to point out that Asbos in Ireland will differ significantly from those in Britain. Only a garda at the level of superintendent may apply for an Asbo, they will last for a maximum of two years and they will carry a maximum sentence of six months in prison.

However, notwithstanding these safeguards, the definition of antisocial behaviour is loosely defined and open to interpretation.

The Criminal Justice Act (2006) states that an Asbo may be taken out against a person who causes "harassment, significant or persistent alarm, distress or intimidation; or significant or persistent impairment of their use or enjoyment of their property".

Over here, the main criticism levelled at the planned use of Asbos has been their potential effect on children.

By issuing an order for behaviour that is not criminal - the argument goes - an avenue is created for the introduction of the child into the criminal justice system by breaching an order. The Ombudsman for Children, the Irish Human Rights Commission and the Children's Rights Alliance have all pointed out that Asbos run counter to the spirit of the Children's Act, a progressive piece of legislation which seeks to tackle offending behaviour by children within the community, seeing criminal sanctions as a last resort.

To his credit, the Minister for Justice has listened to some of the criticism and taken on board proposals by Minister for Children Brian Lenihan to harmonise the orders with the Children's Act Asbos will now only be sought against children who have already been through community-based sanctions provided for in the Children Act, including juvenile diversion programmes.

A separate category of order - good behaviour orders - will apply to 12- to 14-year-olds which will place an onus on parents to tackle the offending behaviour of their children.

Overall, the measures are significantly different to the British system and new safeguards in place may help ensure they are not used as indiscriminately or inappropriately as they have been in parts of Britain.

Yet, there is no getting away that the sense that this latest attempt to deal with antisocial behaviour has more to do with being seen to address the issue ahead of the election rather than a genuine attempt to deal with the problem.

As it stands there is an array of legislative provisions already in place to deal with antisocial behaviour. The Public Order Act 1994 gives sweeping powers to the Garda to order people to leave an area if they are considered to be loitering.

A failure to comply with the order carries a fine of up to €600 or a six-month prison sentence.

Gardaí working in Dublin city centre say the measure is used hundreds of times every week.

There is also the Intoxicating Liquor Act, which gives powers to gardaí to deal with people considered to be drunk and disorderly. It typically results in a person entering into a bond to be of good behaviour.

Yet, there is much less focus on the steps which could address the causes of antisocial behaviour.

Instead the Government's emphasis has been on introducing yet another headline-grabbing legislative step to deal with antisocial behaviour. Only time will tell whether it proves any more successful than the long line of similar measures already in place to deal with the issue.