New powers to control public-order offenders

New judicial powers recommended in the Criminal Justice Bill being drafted by the Government will include an exclusion order …

New judicial powers recommended in the Criminal Justice Bill being drafted by the Government will include an exclusion order as an additional penalty, preventing people convicted of public order offences from being near licensed premises or restaurants, including fast-food outlets.

The Bill's other main provision would allow a garda to apply to the District Court for a closure order which would close a premises or limit its opening hours where it was "the main focus of the problem or associated with it", according to the Minister for Justice, Mr O'Donoghue.

In a speech to the Association of Garda Sergeants and Inspectors annual conference in Limerick yesterday evening, he said that while gardaí had extensive powers under the 1994 Criminal Justice Act, these needed to be augmented.

"The Government's strategy is clear: remove the cause, police the streets, arrest the perpetrators and foster a public attitude that this type of conduct is criminal and not acceptable."

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The exclusion order, which would be applied for up to 12 months, would also prohibit a convicted person from entering or being near premises which are licensed under the Gaming and Lotteries Acts, which covers amusement arcades with one-armed bandits, and the Registration of Clubs Acts, covering sports and private clubs.

The closure order would arise, Mr O'Donoghue said, where the owner had failed to act on a Garda warning to take steps to eliminate a problem which would include loud and persistent noise being caused by a person on the premises.

He said late-night street crime had its origins in the abuse of alcohol and was a new scourge which could escalate into loutish conduct and violence, resulting in serious injury and death.

"While it is clear that demographic and other factors are involved, the owners of places where youngsters gather at night bear a heavy responsibility to ensure that they act responsibly and in the wider public interest ."

Mr O'Donoghue added that contracts had been awarded for the installation of closed-circuit television (CCTV) systems in Bray, Dundalk, Dún Laoghaire, Finglas, Galway and Limerick.

The planning of systems for Athlone, Clondalkin, Tallaght and Waterford was well advanced, and work on installing systems in Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo would begin next year.

The president of the association, Mr Joe Dirwan, said the testing of motorists for all drugs and not just alcohol needed to be carried out as a routine measure to counter people driving under the influence of drugs.

Mr Dirwan was giving his opening address at the conference.

He called on Mr O'Donoghue to introduce routine testing of all samples to detect drugs other than alcohol.

"We have no user-friendly apparatus which will detect the driver on "E", or cannabis, or heroin or the other substances which are regularly abused.

"In many cases drivers have consumed a cocktail of drugs and have topped it off with alcohol," he said.

Mr Dirwan also said that a licensing and registration system for driving schools should be introduced and driving skills should be taught as part of the Leaving Certificate curriculum.

He said the association welcomed the Minister's recent announcement to set up a judicial inquiry into the McBrearty case in Co Donegal.

He said levels of drug pushing and consumption were higher in areas where local judges were not sending pushers to jail.

He also criticised the recent announcement by the Minister for the Environment, Mr Dempsey, to establish a new, separate road traffic corps .

He also referred to a growing problem of intimidation of gardaí by criminals.