Effective ways of tackling antisocial behaviour appear to be taking a back seat in favour of more eye-catching solutions, writes Carl O'Brien, Social Affairs Correspondent.
If you listen closely, you can hear the drumbeat of a general election pounding in the distance. Siren voices warn of a breakdown in law and order; billboard advertising campaigns holler at the rise in antisocial behaviour; political parties warn of the need for tougher legislative measures.
Focus groups and polling research suggest antisocial behaviour is high on the agenda of voters. And political parties are rushing to at least be seen to be doing something about it before the next election.
The Government's response has been to introduce antisocial behaviour orders (Asbos), a controversial measure imported from the UK that may direct an offender to desist from specific antisocial acts.
Fine Gael has gone further, proposing a series of additional measures including the appointment of a minister of state with responsibility for antisocial behaviour. Even Labour, while placing its emphasis on better resources for community policing and the probation and welfare services, has embraced Asbos as a measure of last resort.
Yet, while parties manoeuvre themselves in a crowded centre ground, there is convincing evidence to show their dire warnings about the destruction of the community are tethered loosely to the reality.
An examination of crime statistics suggests there is no sudden explosion in antisocial behaviour. The number of young people referred to the Garda's juvenile diversion programme - a system for first-time offenders with an emphasis on rehabilitation rather than custody - has remained steady in recent years. About 17,000 people were referred to the programme in 2003, and figures due be published shortly for last year are understood to be similar. The offences include theft, criminal damage, public order, burglary, drink-related and vehicle offences.
The only significant change in offending patterns among young people in recent years appears to be in drink-related offences which, according to gardaí, are linked to greater affluence and tougher anti-underage drinking measures.
The Taoiseach, a strong advocate of Asbos, says there is a major problem with antisocial behaviour, but made an unconvincing case for the measures in the Dáil last month.
"I have known about people being involved in antisocial behaviour for 28 years . . . I note the good work of the Garda over the years and the legislation we have passed in this House. This is reflected in my constituency where statistics produced this year, last year and the preceding year indicate reductions in crime."
Asbos, far from being just another legislative measure, are a significant shift away from the established way of dealing with antisocial behaviour. Although an Asbo is a civil order, a breach of it is a criminal offence which, on indictment, may carry a prison term. It would also require a lower standard of proof than criminal proceedings and could be based on hearsay evidence. In short, it would criminalise people for behaviour that is not in itself criminal.
What political parties are not focusing on, however, are the array of legislative provisions that are already in place.
The Public Order Act 1994 gives sweeping powers to the Garda to order people to leave an area if they are considered to be loitering. A failure to comply with the order carries a fine of up to €600 or a six-month prison sentence. Gardaí working in Dublin city centre say it is a measure used dozens of times every night.
There is also the Intoxicating Liquor Act, which gives powers to gardaí to deal with people considered to be drunk and disorderly. It's a measure that brings people before the courts every day and typically results in a person entering into a bond to be of good behaviour.
In addition to these measures, there are legislative provisions on the statute books that haven't been implemented. Community sanctions are provided for in the Children's Act. These include 10 penalties such as community service, day centre orders, parental supervision and curfews. However, just two of these measures have been implemented.
Family welfare conferences, in which the court may direct that an action plan be drawn up for a child, have only recently been introduced under the Children's Act but are not yet adequately resourced or available throughout the system.
What most agree are effective and long-term ways of tackling antisocial behaviour - more community policing, greater funding for social services, more support for families and parents, a better resourced probation and welfare services - appear to be taking a back seat in favour of more eye-catching solutions.
We have seen this before. In the run-up to the last general election, two gardaí were killed in a so-called joyriding incident involving teenagers under the age of 16. Because of a lack of proper facilities for offenders of this age, the political response at the time was to hastily commission a €10 million facility for 14- to 16-year-olds on the grounds of St Patrick's Institution for young offenders.
However, international children's law prohibits the jailing of children and adults together. And so the unit was never used for its original purpose. It now faces demolition when the institution relocates to a greenfield site outside Dublin.
There is little doubt that antisocial behaviour is an issue. It pops up in focus groups and it is one of the main issues voiced in TDs' constituency clinics in urban areas.
While political parties look towards tougher legislation as a solution, there has been little focus on the budget cuts imposed on diversion programmes last year, one of the few arms of the juvenile justice system that appears to be working.
There are also problems with an underfunded National Educational Welfare Board, which has a major role to play in keeping children in school and preventing truancy.
However, the political consensus on ways to deal with the issue (only the Greens and Sinn Féin are opposed to Asbos), and the drumbeat of a looming election campaign, threaten to drown out more progressive approaches to the antisocial problem.