Gardaí have not sought any Anti-Social Behaviour Orders (Asbos) against individuals in the six months since the measure was introduced by the Government as a way of tackling nuisance behaviour, new figures show.
Instead, senior gardaí privately say they are using existing measures to tackle anti-social behaviour, such as public order legislation, hundreds of times a week.
The introduction of Asbos ignited a heated debate last year over whether existing laws dealt with the problem, or whether a new regime to deal with antisocial behaviour was necessary.
Since the anti-social behaviour orders were introduced in January for adults, a total of 45 "behaviour warnings" have been issued against adults.
Such a warning may be the first step towards seeking an Asbo against an individual in the courts.
Department of Justice officials are likely to argue that it is too early to determine whether Asbos will prove a popular or effective way of tackling anti-social behaviour.
Civil liberties groups - who argue that Asbos were a "headline-grabbing" measure - are likely to point to the figures as evidence that the new orders are not necessary. Senior gardaí say there is still widespread ignorance over the new measures in the force and that measures contained in the Public Order Act and intoxicating liquor legislation are used much more widely.
The system of Asbos was the brainchild of former minister for justice Michael McDowell. However, a separate system of Asbos was introduced for children, following lobbying from the former minister for children and now Minister for Justice Brian Lenihan.
A total of 24 behaviour warnings have been issued against children since Asbos for children came into force on March 1st of this year. However, the system for children aged 12 to 18 contains greater protections and it may take a significant period of time before an Asbo can be taken out against a young person.
Under this tiered system a range of alternatives must be explored before an Asbo is taken out against a child.
A child must first be given a "street warning". If anti-social behaviour continues, the child's parents will be invited to draw up a "good behaviour contract" with the local Garda superintendent.
If the child continues to behave in an anti-social way, he or she will be referred to the Garda's diversion programme. If a problem still remains, the need for an Asbo may arise.
For children aged 12-14, "good behaviour orders" may be taken out instead of an Asbo. The terms of this order will differ by empowering the court to bind parents to ensure their child stops offending.
