Public Order Act 1994 makes new orders pointless

New laws are set to crack down on anti-social behaviour, but Cormac O’Keeffe says gardaí already have the powers.

GARDAÍ say the Public Order Act 1994 can deal with almost all offences being targeted by the proposed (ASBOs).

Key sections of the act cover include:

* Intoxication in a public place (section four).

* Disorderly conduct in a public place (section five).

* Threatening, abusive or intimidating behaviour in a public place (section six).

* Failure to comply with a garda direction (section eight).

Anyone found guilty of intoxication in a public place is liable on a summary conviction to a fine of up to €127.

Under section five, it is an offence for anyone to engage in offensive conduct in a public place between 12pm and 7am or at any other time after being requested by a garda to stop. A person found guilty of such an offence is liable on summary conviction to a fine not exceeding €635.

Offensive conduct is “any unreasonable behaviour” which, having regard to all the circumstances, is “likely to cause serious offence or serious annoyance” to other people.

Under section six, it is an offence to use or engage in threatening, abusive or insulting “words or behaviour” with intent to provoke a breach of the peace. As well as a possible fine of up to €635, someone convicted under section six can also receive a three-month jail sentence.

Section eight is a broad offence and encapsulates situations where someone fails to obey a direction from a garda.

This section targets a person who, without lawful authority or reasonable excuse, “is acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or the maintenance of public peace.”

In these situations, a garda can direct people to stop acting in such a way and to leave an area immediately in a peaceful manner.

Anyone who fails to follow such a direction can be arrested. On summary conviction they risk a fine of up to €635 and/or a jail term of up to six months.

“We can already do what the ASBOs will do,” said a garda source. “We can take someone to court and the court can make an order bounding them to the peace. It’s already there and can be applied any age. In practice any juveniles are diverted to the Juvenile Liaison Programme.”

Gardaí have said that one area ASBOs can target that existing legislation can’t is disturbance caused by noisy neighbours.

Local authorities can act against tenants in their accommodation but nothing can be done against people living in private accommodation.

Justice Minister Michael McDowell has said the existing legislation was inadequate to deal effectively with anti-social behaviour and that communities need more protection.

Fine Gael and Labour support the idea of ASBOs. Groups that have come out against ASBOs include the National Youth Council, Children’s Rights Alliance, the ISPCC, the Irish Council for Civil Liberties and Amnesty International.