One year on, no Asbos sought

Gardaí have not sought any Anti-Social Behaviour Orders (Asbos) against individuals almost a year after the measure was introduced…

Gardaí have not sought any Anti-Social Behaviour Orders (Asbos) against individuals almost a year after the measure was introduced by the Government as a new way of way of tackling nuisance behaviour, new figures show.

However, 383 "behaviour warnings" have been issued to adults and 125 to children. Such a warning may be the first step towards seeking an Asbo against an individual in the courts if their anti-social behaviour persists.

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.

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.

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The system of Asbos was the brainchild of former minister for justice Michael McDowell. However, a seperate system of Asbos was introduced for children, following lobbying from the former minister for children and now Minister for Justice Brian Lenihan.

A spokesman for Mr Lenihan said it was no surprise that no Absos have been issued given that they were aimed as a "measure of last resort" for dealing with persistent nuisance behaviour.

But civil liberties and children's rights groups - who argue that Asbos were a "headline-grabbing" measure - say the figures are evidence that the new orders are not necessary.

The Children's Rights Alliance has instead called for the full resourcing of the Children's Act which provides alternatives to detention.

A tiered system of Absos for children means that gardaí must explore alternatives before an order can be taken out.

A "street warning" is followed by a "good behaviour contract" and finally, referral to the Garda's diversion programme. Only then can an Asbo be used. For children aged 12-14, "good behaviour orders" may be taken out instead of an Asbo.

Asbos can ban the child from behaving in a specified manner at or in a specified place. It can require the child to attend school, report to a garda or teacher, or be supervised by a parent or guardian.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent