FF TDs say McDowell's Asbos plan is 'legislation on the hoof'

Several Fianna Fáil backbenchers have expressed opposition to the introduction of Anti-Social Behaviour Orders, with some claiming they have substantial support from party colleagues.

Minister for Justice Michael McDowell has said he wants to introduce Asbos before the end of the summer.

Pat Carey, Fianna Fáil TD for Dublin North West, told The Irish Times yesterday: "In the run-up to a general election, to a certain extent, political parties are trying to outdo each other in how strong they are on law and order. I think there's a huge amount of that going on."

He was "not convinced there is a need for them [ Asbos]. There is a danger we will start talking about Asbos only in terms of children. It has to be remembered not every young person out there wearing a hooded top is up to anti-social behaviour. Many are no angels, but there is any number of pieces of legislation there to deal with nuisance behaviour."

He said there "may well be a need" for a form of Asbo, but it should not be used until other interventions were explored. To resort to them immediately was "far too draconian".

Mr Carey said Mr McDowell added Asbos to the Criminal Justice Bill after its initial publication. The Minister was "putting legislation in place on the hoof".

His party colleague, John McGuinness, TD for Carlow-Kilkenny, said "the majority of people in the Fianna Fáil parliamentary party are not in favour of them [ Asbos]".

"There is enough legislation in place. There are agencies to deal with the problem - the HSE, Department of Education, juvenile liaison officers, social workers. The big problem is they are not funded. If they were funded, they would be able to engage with families in difficulties and we wouldn't have nearly the problem."

A key issue was the under-resourcing of community gardaí. When there was a "squeeze" on Garda funding, community policing was the first sector hit.

"Asbos are a very blunt instrument for a complex issue. The UK experience is not one that should be copied here."

He also spoke of the introduction of Asbos as "legislation on the hoof". He added: "There is a concern in the party that this is government by regulation, when it should be government by partnership with the communities, and funding the crutches communities lean on, including the community gardaí."

Barry Andrews, Fianna Fáil TD for Dún Laoghaire, called for a provision that Asbos would not be used against anyone under the age of 18. The Children's Act should be implemented in full first, he said.

"In the Act there are Parent Supervision Orders and Restriction of Movement Orders. A lot of the answers to a lot of the issues are contained there already," Mr Andrews said.