Press Release: Justice 7 April 2006

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Dún Laoghaire, Environment and Justice Press Releases

7 April 2006

Green Party calls on Minister for Justice to rethink introduction of ASBO’s 

- following warning from Ombudsman for Children that proposed legislation is unnecessary and counterproductive

The Green Party has reiterated its call for the Minister for Justice to reconsider his plans to introduce controversial Anti Social Behaviour Orders in Ireland.  The Minister has received advice from Ireland’s first Ombudsman for Children, Emily Logan, warning that that introduction of ASBO’s and his proposed changes to the Children Act 2001 will have a negative impact on the lives of children and young people. 

Green Party Justice spokesperson Ciarán Cuffe TD said “I am delighted to see the Ombudsman for Children issuing this warning to the Minister for Justice.  The Green Party has been calling on the Minister to reconsider his position since his announcement of his intention to introduce this legislation last year. 

“ASBO’s represent summary justice. They are civil court orders, which require a lower standard of proof than criminal proceedings and can be based on hearsay evidence.  However those who breach an ASBO may be jailed.

“About one-third of all ASBO’s imposed in the UK are breached and the number of children being received into custody for breaching an ASBO is now running at about fifty a month.  Only last week the Chief Executive of Barnardos in the UK, Martin Narey, issued serious criticism of the routine use of ASBO’s in the UK for “catapulting children into a custodial system” in which the “chances of deeper criminalisation are very likely”. 

“I am also extremely concerned at the Minister’s plan to reduce the age of criminal responsibility from 12 to 10 years of age.  It is worth noting that the Children Act 2001 was the culmination of 30 years work and discussion by all parties with a desire to create a modern framework to deal with children and young people who are in conflict with the law.  Setting the age of criminal responsibility at 12 years of age was a fundamental aspect of this Act, and we are now witnessing a disturbing erosion of this important work.   

“The Green Party believes the challenge of anti-social behaviour can be confronted through a range of measures available under the Children Act 2001 and making available proper resources for existing programmes and support services for local communities in need of assistance”, he concluded.