Opinions sharply divided on whether or not ASBOs are way forward

THE controversial introduction of ASBOs for children as young as 12 sparked huge rifts among the government, state services and children’s organisations, with opinion remaining sharply divided.

The academic view: “The evidence in the UK is that at the very best they don’t work very effectively if they work at all — 50% of the orders are breached. So in 50% of cases the message is not getting through.

“In the other 50% is the other problem, which is they have a detrimental impact on young people.

“So we have a significant increase in the number of children in custody in the UK. That’s an extremely worrying trend.

“Everybody knows that if you want a young person or a child to do something you tell them the opposite. This whole system fails to understand not only the particular circumstances of young people, but also the nature of young people.”

Dr Ursula Kilkelly, senior law lecturer, University College Cork, and member of the Irish Youth Justice Alliance.

The voluntary youth sector view: “ASBOs represent a dangerous blurring of the criminal law and civil matters.

The Government has constantly claimed that they will only be used in exceptional circumstances; however when you examine the fine print of the legislation it becomes apparent that it is far easier for an application to be made for an ASBO than is being made out.

“This is in stark contrast to the view that they will only be used as a last resort. A large number of young people could be subject to criminal procedures for very minor incidents.

“Furthermore the procedure might apply to some young people and not others leaving open the prospect of victimisation of young people who the gardaí don’t like.”

Michael McLoughlin, Youth Work Ireland, the country’s largest federation of youth organisations.

A garda superintendent view: “Some of the scaremongering that’s going on right now is drifting into the area of creative imagination.

“Their introduction is another vital policing tool to work with. What about all the potential victims and the people who are being harassed and taunted by ill-behaved youths... where are their human rights in all this?

“As far as we’re concerned ASBOs are another new weapon against crime.

“They will not be used willy-nilly, we have learnt some important lessons from the UK.”

Superintendent Anthony Kennelly, General Secretary of the Garda Superintendents Association (speaking to internal force magazine Garda Review).

A youth worker’s view: “I don’t understand why they need to introduce new legislation when the legislation is there already and is not being enforced.

“I see the gardaí doing check points in this area. What I hear local people saying is that the gardaí are not there when the antisocial behaviour is happening and getting them to respond to that is quite difficult at times.

“I think it’ll create an expectation that something is going to change and unless there is some way of enforcing it, it’s not going to change and people are going to get very frustrated.

“Really what we’ve got to do is get a much better system that begins to deal with young people and families who are active in an anti-social way.

“Where’s the integration of the state services and the community services that are out there? Where is that? Because if everyone is operating independently what chance is there to get the solution?”

Jim Lawlor, Rialto Youth Project, a youth worker for more than three decades.