Asbos to be used only as 'last resort', says McDowell

Only a senior garda officer will be able to apply to a District Court Judge for an Anti-Social Behaviour Order under new Government…

Only a senior garda officer will be able to apply to a District Court Judge for an Anti-Social Behaviour Order under new Government proposals, it emerged tonight.

Minister for Justice Michael McDowell said Asbos would be a last, rather than a first, resort under his plans and insisted parents would have to take more responsibility for their misbehaving children.

Under the proposals, parents and children could be forced to sign a 'Good behaviour contract' and courts will have the power to order mothers and fathers to undertake parenting courses.

Mr McDowell said he would announce full details of his plans when they had received Government approval but he insisted there would be many differences between the proposed Irish system and the one employed in Britain.

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"I would like to point out that the concept of anti-social behaviour orders is similar to the concept in the UK but it is there that any similarities end," he said.

"My proposal will not reflect the UK law but will incorporate very important safeguards to ensure that the orders can be fairly and reasonably used for the benefit of the good of the community as a whole.

"An important overriding explicit principle will be that an application for an Asbo will be a last and not a first resort."

Mr McDowell said a lot of the debate on Asbos has focused on how they effect children but he insisted a series of steps must be pursued before an application can be made.

"A child who is behaving in an anti-social way must first be given a series of 'street warnings'," he said.

"If the behaviour continues the child and his or her parents will be invited to a meeting with the local Superintendent who will draw up a 'Good Behaviour Contract' to be signed by parents and child."

Mr McDowell said it is only if a child continues to behave anti-socially after being referred to a Garda Diversion Programme that the issue of an application to the Courts for an Asbo will arise.

The minister said he was also proposing special provisions for a separate type of order for children under 14 years who may be engaged in anti-social behaviour, which will be called "Good Behaviour Orders".