ASBOs to be backed by prison sentences

ADULTS who breach antisocial behaviour orders (ASBOs) could face up to six months’ imprisonment and fines of up to €3,000 under plans the Government hopes to introduce in January.

Children aged 12 and over would face fines of up to €800 and up to three months in a detention school.

Tánaiste and Justice Minister Michael McDowell yesterday confirmed to the Dáil his intention to introduce ASBOs for adults in January and for children in March.

The timing of their introduction will allow the Government make the case that it is “getting tough” on antisocial behaviour in time for the summer general election. It is likely to be one of the key election issues along with health.

The civil orders will be issued to those who persistently engage in antisocial behaviour in communities. If the offender repeats the behaviour within the period covered by the order, it will constitute a criminal offence. The orders will have a maximum life span of two years.

In Britain, where the ASBO system has been in place since the late 1990s, orders are used to combat, among other things, drunken behaviour in public, abusive and intimidating language, graffiti, excessive noise, and harassment of neighbours. Offenders are typically warned to desist from such behaviour, or banned from certain areas.

More than 7,300 ASBOs have been issued in Britain since they were introduced in 1999, but Mr McDowell has repeatedly stressed they would be used “as a last resort” here.

In the case of adults, gardaí will first have to issue either an oral or written “behaviour warning” to an individual to desist from a particular activity.

Only if the individual ignores that warning can the gardaí apply to the District Court for a ASBO. Only senior members of the force, of the rank of superintendent or above, will be allowed apply for the orders.

In the case of children, gardaí will again first have to issue a behaviour warning to the offender. If the behaviour continues, the child and his or her parents will be invited to a meeting with the local superintendent to draw up a “good behaviour contract,” which will be monitored and renewed if necessary.

If the child continues to behave in an antisocial way, he or she will be referred to the Garda Diversion Programme, a support system under which juvenile liaison officers seek to help young offenders move away from crime.

Only if all these steps fail will a superintendent apply for an ASBO, which will be known as a “behaviour order” in the case of children.

There is intense debate as to the effectiveness of ASBOs. A study commissioned by the British government and published this week showed that the orders are regarded as “badges of honour” by many offenders. The study also showed the orders failed in almost half of all cases.

Here, Children’s Ombudsman Emily Logan has opposed the introduction of ASBOs, and the Human Rights Commission has also voiced concerns.

The Garda Representative Association has labelled the orders “a form of window dressing”, saying existing legislation would be sufficient if the Government made the necessary resources and manpower available to the force.