Parents to be taken to task on ASBOs: McDowell

PARENTS will be bound by the courts to stop their child’s bad behaviour under the proposed anti-social behaviour orders (ASBOs), Justice Minister Michael McDowell has said.

He said courts will have the power to order parents to undertake parenting courses or treatment for addiction problems.

“The court will be empowered to bind the parents over to ensure the child stops his or her offending behaviour,” Mr McDowell told an open forum on ASBOs.

Mr McDowell said he was introducing ASBOs because of the “growing concern” in communities about anti-social behaviour.

“Vulnerable people, often the elderly, can be subjected to serious nuisance and forms of harassment which cause great and continuous distress to the people concerned and interfere fundamentally with their capacity to enjoy quiet and peaceful lives,” he said.

He said the courts should put an onus on the parents of offending children to stop their behaviour and, if need be, seek to address the issues which arise for parents who lack basic skills to deal with their children.

“I am proposing therefore the court can make it a condition of the binding-over order that parents undertake a parenting course or engage with an appropriate authority or agency or undergo treatment to deal with addiction problems which might be at issue,” Mr McDowell said.

He said parents would be told that breach of an ASBO by their child could result in a criminal conviction for the child.

He said all provisions regarding children would be integrated into the Children’s Act. Before an ASBO can be considered, he said the following steps would have to take place:

la series of street warnings to the child concerned.

lif the behaviour continues, the child and his or her parents will meet with the local superintendent and draw up a ‘good behaviour contract’, which will be monitored.

lIf the child continues offending he or she will be referred to the Garda Diversion Programme.

lOnly if problems persist can an ASBO application be made.

Mr McDowell said he was proposing a separate type of order for children under 14 years. He said his proposals would differ significantly from the British model, which has been criticised by civil liberties groups.

He said the definition would be narrower and only a garda superintendent could apply for an ASBO.

He said he also intended to bring in strict garda guidelines on the use of ASBOs, as well as guidelines for the courts, emphasising the principle of minimum interference, the reasonableness of the complaint, the likelihood of recurrence and the number of alleged offences.

His proposals have been criticised by children’s organisations, youth groups and civil liberties bodies.

Fine Gael and Labour support ASBOs.