ASBOs an infringement of civil rights
The Irish Council for Civil Liberties
(ICCL) recently highlighted why we should be concerned: "The ICCL is concerned that in the Criminal Justice Bill 2004, there is a strong tendency to see solutions to crime in terms of increase of policing powers without the necessary evaluation of how powers are used it is all too easy to advance 'quick-fix' populist answers to crime, which lack any evidence base as to their effectiveness and in fact in time will contribute to an unjust system."
ASBOs, if introduced here, could see a situation whereby normal activity becomes criminalised. Just look at some examples of ASBOs in Britain: a 13-year-old was banned from using the word 'grass', an 87-year-old was forbidden from being sarcastic to his neighbours and a football fan was banned from playing ball games in the street.
Other worrying aspects of the Criminal Justice Bill include:
1. Section 6 (1) which empowers members of the gardaí to seize anything he/she has reason to believe relates to the commission of an arrestable offence. This extension in powers, particularly its use "in public places", could be open to abuse. Powers could be used in a manner that amounts to a disproportionate interference in an individual's liberty and property rights, and also impact on legitimate forms of freedom of expression and assembly.
2. Section 8 amends section 4 of the Criminal Justice Act 1984 to provide for increased powers of detention for all arrestable offences from 12 hours to 24 hours.
3. Section 29 provides that gardaí will be entitled to issue an 'on the spot' fine for a Section 5 Public Order offence (disorderly conduct in a public place). This allows the garda to be judge and jury without any safeguards provided for the accused.
These proposals, if introduced, would undermine the civil liberties of everyone, but particularly youth and those who take part in public protest.
USI, along with the Union of Secondary Students (USS), Hotpress and the Coalition against ASBOs are calling for ASBOs to be dropped.
USI and USS call on everyone to join their 'celebration of youth, dissent and difference' protest at 2.30pm on June 11 at Parnell Square.
Rory Hearne
Deputy President/Campaigns Officer
Union of Students in Ireland
Grattan St
Dublin 2
